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Robbery in a Dwelling (Section 8 Theft Act 1968)

Theft Act 1968, s.8(1)

  • Indictable only
  • Life imprisonment

Definition

A person is guilty of robbery if he steals, and immediately before or at the time of doing so, and in order to do so, he uses force on any person or puts or seeks to put any person in fear of being then and there subjected to force. (Theft Act 1968, s.8(1))

Points to prove

  1. A person
  2. steals
  3. and immediately before or at the time of doing so
  4. and in order to do so
  5. uses force on any person, or puts or seeks to put any person in fear of being then and there subjected to force

Robbery in a dwelling is charged as robbery under s.8 Theft Act 1968; the definition and the penalty are those of s.8, which draws no distinction for robbery in a dwelling. A person is guilty of robbery if he steals, and immediately before or at the time of doing so, and in order to do so, he uses force on any person or puts or seeks to put any person in fear of being then and there subjected to force (s.8(1)). Maximum sentence: on conviction on indictment, imprisonment for life (s.8(2)); s.8(2) provides for conviction on indictment only.

In practice

This is an indictable-only offence: it must be tried at the Crown Court. The charging decision rests with the CPS (not police). 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).

Last updated 20 October 2026. Reviewed 20 October 2026