Points to prove
- 1. The defendant committed a burglary under Section 9 of the Theft Act 1968.
- 2. At the time of committing that burglary, the defendant had an article with them.
- 3. The article was a firearm or imitation firearm, a weapon of offence, or an explosive within Section 10(1).
- 4. Where the prosecution relies on the defendant's intended use of an article as a weapon of offence or explosive, that intention is proved.
Defences
- No standalone statutory defence applies. The prosecution must still prove the underlying Section 9 burglary and every Section 10 element; evidence that negates trespass, the required burglary intent or conduct, having the article at the relevant time, or the statutory firearm, weapon or explosive definition defeats the corresponding element.
Mode of trial & maximum penalty
Indictable only — Court maximum Indictable only: Life imprisonment, an unlimited fine, or both. Out-of-court disposal Not a fixed penalty or penalty-notice-for-disorder offence.
Sources
- www.legislation.gov.uk/ukpga/1968/60/section/9
- www.legislation.gov.uk/ukpga/1968/60/section/10
- www.legislation.gov.uk/ukpga/1980/43/schedule/1/paragraph/28
- www.legislation.gov.uk/ukpga/2020/17/section/224
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