Burglary Charges in England and Wales: Sentencing Guidelines Explained

How Burglary Sentencing Guidelines Work

What the Sentencing Council guidelines are

The Sentencing Council publishes guidelines that courts in England and Wales must follow unless doing so would be contrary to the interests of justice. Magistrates and Crown Court judges use these guidelines to reach consistent, proportionate burglary sentences.

The revised burglary guidelines came into force on 1 July 2022 and apply to all adults aged 18 or over who are sentenced on or after that date, regardless of when the offence occurred. Separate provisions apply to defendants under 18, who are subject to the youth sentencing framework.

Starting points and sentencing ranges

Each burglary offence has a sentencing range and a starting point based on its seriousness. The starting point is where the court begins its calculation before making any adjustments. It is not the final sentence.

The court may increase or reduce the sentence depending on factors that make the burglary offence more or less serious. The statutory maximum is the absolute ceiling the law permits for the most serious cases. It is rarely the sentence imposed in a typical case.

Burglary is not robbery

Robbery is committed when someone steals from a person using force or by threatening force against them. Burglary is committed by entering a building as a trespasser, either intending to steal, inflict grievous bodily harm or cause unlawful damage, or by actually stealing or inflicting grievous bodily harm having already entered.

Unlike robbery, burglary does not require direct confrontation with another person. The distinction matters because the offences have different legal requirements, sentencing guidelines and maximum penalties.

Domestic, Non-Domestic and Aggravated Burglary

Domestic burglary

Domestic burglary involves entering a dwelling as a trespasser. A dwelling is any building or part of a building used or suitable for use as a home. The law treats this category of burglary with particular seriousness because of the emotional and psychological harm it causes to people in or connected to their home.

The maximum sentence is 14 years’ imprisonment. Under the Sentencing Council guidelines, the offence range runs from a community order to six years’ custody.

Domestic burglary can generally be heard in either the Magistrates’ Court or Crown Court, depending on the circumstances. Certain cases must be dealt with in the Crown Court.

Non-domestic burglary

Non-domestic burglary covers unlawful entry into buildings that are not dwellings. This includes commercial premises, offices, shops, warehouses, sheds and garages that do not form part of a home.

The maximum sentence for non-domestic burglary is 10 years’ imprisonment. The guideline range runs from a discharge at the lowest end to 5 years’ custody.

Non-domestic burglary is generally triable either way, although certain cases must be heard in the Crown Court because of the offence involved.

Aggravated burglary

Aggravated burglary is committed when a person carries out any burglary and has with them at the time a firearm, an imitation firearm, a weapon of offence or an explosive. The weapon does not need to be used. Its presence at the time of the burglary offence is sufficient to establish the aggravated form of the charge.

For example, someone who enters a building as a trespasser intending to steal while carrying a qualifying weapon may face an aggravated burglary charge.

The maximum sentence is life imprisonment, and the guideline range is one to 13 years’ custody. Aggravated burglary is an indictable-only offence, meaning it must be tried in the Crown Court.

How Courts Assess Harm and Culpability

What culpability means in a burglary case

Culpability refers to the offender’s level of responsibility for the burglary, including the planning involved and their role in the offence. The revised 2022 guidelines use three culpability categories: A, B and C.

Higher culpability may involve carefully planned offending, targeting a vulnerable victim, using deception to gain entry or taking a leading role in a group. Lower culpability may apply where there was limited planning, the offender played a minor role or their responsibility was reduced by relevant personal circumstances.

For example, someone who organises a planned burglary involving several people may be assessed differently from someone who played a limited role under another person’s direction.

What harm means in a burglary case

Harm considers the impact of the burglary on the victim and on others affected by it. The revised 2022 guidelines introduced three harm categories for each offence type.

For domestic burglary, courts consider the financial loss suffered, the emotional and psychological impact on the victim, whether the victim was present at the time, and any damage caused to the property.

For non-domestic burglary, courts consider the financial value of items taken or damaged, disruption caused to a business or organisation, and any wider impact on the community or employees.

How harm and culpability combine to set a burglary sentence

Once the court has assessed harm and culpability, it uses the relevant combination to identify a sentencing starting point and range. A high culpability and high harm burglary will attract a significantly higher starting point than a low culpability and low harm case.

A planned break-in to a home where a vulnerable person lives alone, resulting in substantial financial loss and lasting psychological distress, will attract a much higher starting point than an opportunistic entry into an empty commercial shed from which little of value was taken and which caused minimal ongoing impact.

The court then considers other factors before deciding on the final sentence.

Factors That Can Increase or Reduce a Burglary Sentence

Factors that increase seriousness

Once the court has identified the category starting point, it considers statutory and other aggravating factors that may move the burglary sentence upward.

Relevant aggravating factors include a previous record of similar offending, offending whilst on bail, targeting a property because of the owner’s protected characteristic, the presence of a weapon where not already reflected in the offence type, and significant damage caused beyond what was necessary to gain entry.

Other aggravating factors may include acting as part of a group, repeatedly targeting the same property or committing several connected burglaries. The court must avoid counting the same factor more than once when assessing the seriousness of the offence.

Factors that reduce seriousness

Courts also consider mitigating factors that may reduce the appropriate burglary sentence. These include no relevant previous convictions or a limited criminal history, genuine remorse demonstrated through early and consistent conduct, having been coerced or pressured into the burglary offence, serious medical conditions requiring urgent treatment.

A mental disorder or learning disability linked to the commission of the offence, and difficult personal circumstances that provide context without excusing the behaviour.

Personal mitigation is distinct from legal mitigation. A solicitor can help present relevant evidence so the court can properly consider these factors.

Steps the court takes after identifying category and adjustments

After considering the offence category and the aggravating and mitigating factors, the court reaches a provisional sentence. It then considers whether the offence is serious enough to justify custody and whether a community sentence or suspended sentence is appropriate.

The court also applies any relevant reduction for a guilty plea. Where a defendant faces more than one offence, the court considers whether the overall sentence is proportionate to the combined offending.

Does Burglary Always Result in Prison?

Not every burglary conviction results in an immediate prison sentence. The Sentencing Council guidelines for both domestic and non-domestic burglary include a community order or discharge at the lower end of their ranges.

Whether a burglary case falls at that level depends on the culpability and harm category and any personal mitigation.

Suspended sentences may also be available where the legal requirements are met. A suspended sentence allows the offender to remain in the community subject to conditions, which may include unpaid work, rehabilitation activities or a curfew. Breaching those conditions can result in the prison sentence being activated.

Changes effective from March 2026 also affect when courts must or may suspend certain custodial sentences, subject to statutory exceptions. Aggravated burglary is treated more seriously, with a guideline range beginning at one year’s custody.

Immediate imprisonment is therefore more likely, although the court must still consider the individual circumstances and applicable sentencing rules.

The third-strike minimum sentence for domestic burglary

A statutory minimum sentence applies where a defendant is convicted of a third qualifying domestic burglary offence. Under the Sentencing Act 2020, the court must impose a sentence of at least 3 years’ custody in those circumstances.

For a qualifying offence committed on or after 28 June 2022, the court can depart from that minimum where exceptional circumstances relating to the offences or offender justify doing so. Different rules apply to qualifying offences committed before that date.

A guilty plea may also affect the sentence, subject to the restrictions on reductions below a statutory minimum. This makes legal advice particularly important where a defendant has previous convictions for domestic burglary.

Previous Convictions and Guilty Pleas in Burglary Cases

How previous convictions affect burglary sentencing

Previous convictions are a statutory aggravating factor in burglary cases. Courts must treat a previous conviction as aggravating where it is reasonable to conclude that it is relevant to the current burglary offence.

A history of similar offending, particularly domestic burglary, will be treated as a significant indicator of risk and will move the sentence upward from the category starting point.

The nature, recency and number of previous burglary convictions all influence the weight the court gives to this factor. A single dated conviction for a different type of offence will carry less weight than a pattern of recent, similar burglary offending.

How a guilty plea can reduce a burglary sentence

A guilty plea entered at the first stage of proceedings can reduce a burglary sentence by up to one third. The discount reduces on a sliding scale the later in the process the plea is entered. A plea entered on the day of trial may attract a reduction of only one tenth.

For example, a plea entered on the day of trial may attract a reduction of only one tenth. The reduction can also apply in cases involving statutory minimum sentences, although specific restrictions apply.

A solicitor can explain how the timing of a plea may affect sentencing and advise on the evidence before any decision is made.

Adults and under-18s in burglary proceedings

The adult burglary sentencing guidelines apply to offenders aged 18 or over. Children and young people under 18 are subject to separate youth sentencing guidelines and have different sentencing options available.

The approach to sentencing a young person takes account of their age, maturity, circumstances and prospects for rehabilitation. A solicitor can explain how the youth justice framework applies where someone under 18 is accused of burglary.

How a Criminal Defence Solicitor Can Help With a Burglary Charge

A criminal defence solicitor can advise from the early stages of a burglary investigation, including before charges are brought. They can review the allegation, explain the evidence and advise on responding to police enquiries.

Once a charge has been brought, a solicitor can examine the prosecution’s case and identify any weaknesses or disputed evidence. They can also explain the likely sentencing range if the defendant is convicted and advise on available plea options.

Where sentencing is being considered, a solicitor can gather relevant mitigation, including medical information, personal circumstances and other supporting evidence.

At the sentencing hearing, they can make submissions about the level of harm, culpability and factors that may justify a lower sentence. The way these matters are presented can affect where the court places the case within the relevant sentencing range.

Speak to our Serious and Complex Crimes solicitor for advice about your burglary case and the next steps.