The two forms of burglary under the Theft Act 1968 — entering with intent and offending after entry — and the concepts of entry, building and trespass that define both.
Everything in burglary turns on what the defendant intended, and when. This chapter opens with the structure of the offence and the role trespass plays, before separating the two forms: section 9(1)(a), where the defendant enters with intent to commit one of three ulterior offences and the crime is complete at the threshold, and section 9(1)(b), where the offence is committed after entry. It then unpacks the building blocks — what counts as entry, what qualifies as a building or part of one, and how someone lawfully inside can still become a trespasser. It closes with the mens rea required as to trespass and the sentencing regime, including the heavier penalties for dwelling burglary and the minimum sentence on a third domestic offence.
