Burglary Definition

GLOSSARY

What does Burglary mean?

A person is guilty of burglary if he enters any building or part of a building as a trespasser with intent to commit a specified offence or, having made such entry, he steals or attempts to steal anything in that building or part or inflicts or attempts to inflict on any person therein any grievous bodily harm (theft Act 1968, s 9).

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Burglary

BurglaryIn most cases burglary is an either-way offence and so it can be tried in the magistrates' court or the Crown Court.Burglary triable only on indictmentUnder the Magistrates' Courts Act 1980 (MCA 1980), there are some categories of burglary that can only be tried on the Crown Court:•aggravated burglary (where a burglary is committed with a firearm or imitation firearm, or any weapon or explosive)•burglary that involves the commission of, or the intention to commit, an indictable only offence•burglary of a dwelling house where a person is subject to violence or the threat of violence, and•where the ‘three strike rule’ applies—the burglary was a domestic burglary, the accused is 18 or over and at the date of the offence had previously been convicted on two separate occasions of domestic burglary committed after 30 November 1999Burglary of a dwelling is a distinct offence from burglary of any other type of building, eg a commercial building.The elements of the offence of burglaryThe prosecution must prove:•the defendant entered a building (or part of...

Extradition appeals tracker—2020 decisions [Archived]

Extradition appeals tracker—2020 decisions [Archived] ARCHIVED: This Practice Note has been archived and is not being maintained. It is being retained for historical interest and to provide practitioners with a quick overview of developments in extradition case law during 2020. This tracker includes details of extradition appeals judgments which were given during the UK's Brexit implementation period between 31 January 2020 and 31 December 2020 (IP completion), when the UK continued to be treated as a Member State for the purposes of extradition arrangements with the remaining 27 Member States of the European Union (EU27) and therefore when extradition appeals in respect of these states were dealt with under Part 1 of the Extradition Act 2003 (EA 2003). For further details on the impact of Brexit and IP completion on this area, see Practice Notes: What does IP completion day mean for corporate crime? [Archived] and Brexit—implications for law enforcement and judicial co-operation in criminal matters (pre-TCA) [Archived]—Impact of Brexit on extradition. Section 6 of the European Union...

Discover our 33 Practice Notes on Burglary

No duty of care owed by property management company to tenant for porterage services (Shamsan v 44-49 Lowndes Square Management Company Ltd)

Dispute Resolution analysis: The Court of Appeal has upheld a decision to grant summary judgment dismissing a claim by a tenant against a property management company for losses caused by the allegedly negligent acts of the porter of a residential block of flats. The property management company owed no duty of care to the tenant in respect of the acts of the porters they had engaged. Written by Phillip Patterson, barrister, Gatehouse Chambers.

Supreme Court holds a requested person’s entitlement to a retrial or review on their return to the requesting country must not depend on any contingency (Merticariu v Judecatoria Arad, Romania)

The Supreme Court has unanimously allowed the appeal in Merticariu v Judecatoria Arad, Romania. The Supreme Court has held that to establish that a requested person would be entitled to a retrial or, on appeal, to a review amounting to a retrial on their return to the requesting state, the entitlement must not depend on any contingency. However, the Court also said that purely procedural matters would not affect a requested persons entitlement. Stefan Hyman, barrister at 9BR Chambers, and counsel for the Respondents comments on the Supreme Court’s decision.

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