Theft Act 1968, s 10

Aggravated burglary

The statutory wording, points to prove, defences and penalty — verified against legislation.gov.uk (current revised versions, August 2026).

What the law says

Section 10, Theft Act 1968 A person commits aggravated burglary if they commit any burglary and, at the time of committing that burglary, have with them a firearm or imitation firearm, a weapon of offence, or an explosive. A firearm includes an air gun or air pistol; an imitation firearm is anything appearing to be a firearm. A weapon of offence is an article made or adapted for causing injury or incapacitation, or intended by the person for that use. An explosive is an article made to produce a practical effect by explosion, or intended by the person for that purpose. The underlying burglary must satisfy one of the Section 9 routes.

CJS codes
Official CJS offence index (June 2026)
TH68045Aggravated burglary - dwelling
TH68046Aggravated burglary - other than dwelling
TH68047Aggravated burglary with intent - dwelling
TH68048Aggravated burglary with intent - other than dwelling

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

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