In legal terms, burglary is defined under the Theft Act 1968 as entering any building or part of a building as a trespasser with the intent to commit theft, inflict grievous bodily harm, or commit unlawful damage. The law categorises burglary into two main offences: burglary with intent to steal, and burglary with intent to inflict grievous bodily harm or commit unlawful damage. It’s essential to note that an individual can be charged with burglary even if the intended crime was not carried out.
The legal process for burglary charges in England begins with the arrest and detention of the suspect, where the police may question the individual and gather evidence. If there is sufficient evidence, the suspect may be charged with burglary and then either released on bail or kept in custody until the court hearing. The accused will first appear before a Magistrates’ Court, and more serious cases may be referred to the Crown Court. If the case goes to the Crown Court, a Plea and Case Management Hearing (PCMH) will be scheduled for the defendant to enter a plea, and the court will assess both parties’ readiness for trial.