Burglary of a Non-Dwelling (Section 9 Theft Act 1968)

Burglary of a non-dwelling is burglary under s.9 Theft Act 1968 committed in respect of a building or part of a building which is not a dwelling. A person is guilty of burglary if he enters any building or part of a building as a trespasser and with intent to steal anything in it, to inflict grievous bodily harm on any person in it, or to do unlawful damage to the building or anything in it (s.9(1)(a) and (2)); or if, having entered any building or part of a building as a trespasser, he steals or attempts to steal anything in the building or that part of it, or inflicts or attempts to inflict on any person therein any grievous bodily harm (s.9(1)(b)). Maximum sentence: on conviction on indictment, where the offence was committed in respect of a building or part of a building which is a dwelling, imprisonment for a term not exceeding fourteen years (s.9(3)(a)); in any other case, ten years (s.9(3)(b)). References to a building, and to a building which is a dwelling, apply also to an inhabited vehicle or vessel (s.9(4)). Section 9(3) states only the penalty on conviction on indictment. A magistrates' court does not have power to impose imprisonment for a term exceeding 12 months in respect of any one offence triable either way (Sentencing Act 2020, s.224(1) and (1A)(b)).

In practice

This is an either-way offence: it may be tried at the magistrates' court or the Crown Court. Mode of trial depends on the seriousness and the defendant's election. The suspect must be cautioned in accordance with Code C PACE 1984 before any questions about the offence are put to them. Interviews must be audio-recorded (Code E) or, for indictable offences, may be visually recorded (Code F).