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Section 9(1)(a), Theft Act 1968

Burglary dwelling - with intent to steal

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

What the law says

Section 9(1)(a), Theft Act 1968 — burglary by entry with intent
(1) A person is guilty of burglary if—
(a) he enters any building or part of a building as a trespasser and with intent to commit any such offence as is mentioned in subsection (2) below.
Section 9(2) — offences relied on by Section 9(1)(a)
(2) The offences referred to in subsection (1)(a) above are offences of stealing anything in the building or part of a building in question, of inflicting on any person therein any grievous bodily harm, and of doing unlawful damage to the building or anything therein.
Applied charge identity — dwelling with intent to steal
This card is confined to entry of a dwelling as a trespasser with intent, at the time of entry, to steal anything in the dwelling or part of it.
Section 9(3)(a) — dwelling maximum
(3) A person guilty of burglary shall on conviction on indictment be liable to imprisonment for a term not exceeding—
(a) where the offence was committed in respect of a building or part of a building which is a dwelling, fourteen years;
Section 9(4) — dwelling includes an inhabited vehicle or vessel
(4) References in subsections (1) and (2) above to a building, and the reference in subsection (3) above to a building which is a dwelling, apply also to an inhabited vehicle or vessel, whether or not the person having a habitation in it is there.

CJS codes
Official CJS offence index (June 2026)
TH68026Burglary dwelling - with intent to steal

Points to prove

  • 1. The defendant entered a dwelling or part of a dwelling.
  • 2. The defendant entered as a trespasser.
  • 3. At the time of entry, the defendant intended to steal something in the dwelling or that part of it.

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Mode of trial & maximum penalty

Either way — Court maximum
Either way. This exact official charge is the Section 9(1)(a) dwelling/intent-to-steal route and does not allege an indictable-only target offence or violence/threatened violence in the dwelling.
Summary conviction in England and Wales
Twelve months' imprisonment, an unlimited fine, or both for current conduct.
Conviction on indictment
Fourteen years' imprisonment.
Out-of-court and driving consequences
No offence-specific fixed penalty, penalty notice for disorder, endorsement, penalty points, DVLA code, disqualification or other out-of-court disposal route is identified.

Sources

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