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Burglary

In 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 Indictment

Under the Magistrates' Courts Act 1980 (MCA 1980), there are some categories of burglary that can only be tried on the Crown Court:

1. •

   aggravated burglary (where a burglary is committed with a firearm or imitation firearm, or any weapon or explosive)

2. •

   burglary that involves the commission of, or the intention to commit, an indictable only offence

3. •

   burglary of a dwelling house where a person is subject to violence or the threat of violence, and

4. •

   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 1999

Burglary 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 burglary

The prosecution must prove:

1. •

   the defendant