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GLOSSARY

Burglary definition

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...

Inferences from silence—failure to testify

Inferences from silence—failure to testify What inferences can be drawn from failure to testify? Inferences can be drawn where a defendant: • having been sworn refuses without good cause to answer a particular question or questions, or • chooses not to give evidence at all Where either of the above situations arise, the court or jury ‘in determining whether the accused is guilty…may draw such inferences as appear proper'. This means that a court or jury can be invited to infer guilt from the defendant's silence. When can an inference be drawn? Before an inference can be drawn under the Criminal Justice and Public Order Act 1994 (CJPOA 1994), the following conditions must be satisfied: • the defendant must fail to give evidence • having been sworn, refuses to answer questions • the failure to testify or answer questions is without ‘good cause’ • the defendant has: ◦ been warned by the court the effect of the failure to give evidence, or ◦ stated that they will...

Discover our 14 Practice Notes on Burglary

Corporate Crime weekly highlights—14 December 2023

This week's edition of Corporate Crime weekly highlights includes analysis of the new failure to prevent fraud offence under the Economic Crime and Corporate Transparency Act 2023, of a recent case which challenged the Office of Financial Sanctions Implementation's (OFSI’s) refusal to grant sanctions licences and of a case which considered the correct standard of proof to be applied in extradition ‘conviction' cases when alleging a breach of Article 6 rights. Also included is news of the launch of the Office of Trade Sanctions Implementation (OTSI) which aims to clamp down on companies dodging Russian sanctions, of the announcement from the Department for Environment, Food and Rural Affairs (Defra) that the previous £250,000 cap on variable monetary penalties has been removed and that the range of offences they cover has been extended, and of the publication of the Home Office's serious and organised crime strategy 2023–2028. All this, and more, in this week’s Corporate Crime highlights.

Corporate Crime weekly highlights—8 September 2022

This week's edition of Corporate Crime weekly highlights includes analysis of the new Public Sector Fraud Authority, the 2022 revised Attorney General’s Guidelines on Disclosure, and calls by the Director of Public Prosecutions (DPP) for the new Prime Minister to prioritise economic crime. We also include a keynote speech by the director of the Serious Fraud Office (SFO) on progress and next steps for the SFO and news of consultations launched by the Health and Safety Executive (HSE), the Home Office and the Sentencing Council. All this, and more, in this week’s Corporate Crime highlights.

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