Section 9 of the Theft Act 1968 creates the offence.

A person is guilty of burglary if they enter any building or part of a building as a trespasser with the intent to steal or attempt to steal anything in the building or part of it or to inflict or attempt to inflict on any person therein any grievous bodily harm or of doing unlawful damage to the building or anything therein.

The offence of Burglary can be dealt with either in the Magistrates or Crown Court. The maximum sentence available in the Magistrates Court is 6 months imprisonment and/or a level 5 fine (£5000). In the Crown Court the maximum sentence is 14 years imprisonment and/or an unlimited fine "if the property or part of it is a dwelling" and 10 years imprisonment "if the property is non-dwelling".

Note that a building which is a dwelling, shall also apply to an inhabited vehicle or vessel, and shall apply to any such vehicle or vessel at times when the person having a habitation in it is not there as well as at times when he/she is.

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