Understanding the Law of Burglary and the Available Defences

Burglary is a serious criminal offence governed by the Theft Act 1968 in England and Wales. It involves entering a building, or part of a building, as a trespasser with the intent to commit a criminal offence, most commonly theft, damage, or causing harm. Burglary is considered a serious offence due to the violation of a person’s property and privacy, and those convicted of burglary face significant penalties, including imprisonment.

At Allen Hoole Solicitors, we have extensive experience representing individuals accused of burglary. As one of the largest criminal defence firms in the South West of England, we are uniquely positioned to offer expert legal representation, both at the police station and in court. Our team of highly skilled solicitor advocates is equipped to handle even the most complex burglary cases, ensuring that every client receives a strong defence.

The Legal Framework of Burglary

Under Section 9 of the Theft Act 1968, burglary is divided into two types:

1. Section 9(1)(a) Burglary: This occurs when a person enters a building or part of a building as a trespasser with the intent to commit one of the following:

• Theft,
• Inflicting grievous bodily harm, or
• Criminal damage.

2. Section 9(1)(b) Burglary: This occurs when a person, having entered a building as a trespasser, commits or attempts to commit theft or grievous bodily harm.

In both types of burglary, the key elements the prosecution must prove are entry as a trespasser, intent, and commission of an offence. Without evidence of these elements, a conviction cannot be secured.

Available Defences to Burglary

Defending against a burglary charge can be complex and technical, with several possible defences depending on the circumstances. Some of the most common defences include:

Lack of Trespass

A crucial element of burglary is that the person entered the property as a trespasser. If the defendant had permission to be in the property or believed they had permission, this could be a strong defence. For example, if there was a misunderstanding about access to the property, this could negate the trespassing element.

Lack of Intent

Burglary requires intent to commit a further offence, such as theft, grievous bodily harm, or damage. If the prosecution cannot prove that the defendant entered with the necessary intent, a conviction may not stand. For instance, if the entry was accidental or for a purpose other than committing a crime, the charge may be dismissed.

Mistaken Identity

In cases where CCTV footage or eyewitness testimony is used to identify the defendant, it is possible to argue mistaken identity. Forensic evidence such as fingerprints or DNA can be challenged if the evidence is not robust.

Duress

A defendant may argue that they were forced or coerced into committing the burglary due to threats or pressure from another person. This is known as a defence of duress, which may apply if the defendant had no realistic alternative but to comply with the demands made under threat.

Expert Representation and Forensic Support

At Allen Hoole Solicitors, we understand that burglary cases often require thorough analysis of the evidence, including forensic data. We have access to leading experts in fields such as forensic science, CCTV analysis, and digital forensics, who can provide valuable insights into the case. This can be especially important in cases involving disputes over evidence, such as DNA or fingerprints.

Additionally, we have access to the best specialist barristers in the field of criminal law. Our clients benefit from the combined expertise of experienced solicitor advocates and highly regarded barristers, ensuring they receive the highest level of representation throughout the legal process.

Why Choose Allen Hoole Solicitors?

At Allen Hoole Solicitors, we are proud to be one of the largest criminal defence firms in the South West of England, with a reputation for providing expert legal representation in even the most serious burglary cases. Our team of solicitor advocates is skilled in defending against both simple and complex burglary charges, and we have successfully represented many clients in securing favourable outcomes.

Whether you are being investigated at the police station or facing court proceedings, our team will provide a robust defence tailored to the unique circumstances of your case. We are available 24/7 to offer legal advice and assistance, ensuring that your rights are protected at every stage.

If you or someone you know is facing burglary charges, contact Allen Hoole Solicitors today. We are available to provide expert legal advice and representation, helping you navigate the legal process with confidence.