If you are accused of burglary, the prosecution has to prove that you have:
- Entered a property (a house, building, or even a specific part of a building),
- As a trespasser (without permission to enter the property), and
- Intending to commit a Theft(or other specific offences including Assault or Criminal Damage)
Burglary is an either way offence, which means that it can be dealt with in either the Magistrates Court or the Crown Court. Burglary is seen as a serious offence, especially when the offence has taken place in someone’s house, because it can make people feel vulnerable in their own homes.
In cases of “dwelling” theft, it is usually too serious for Magistrates to deal with, and the case will be committed to the Crown Court. Often, the evidence in a burglary case relies on forensic evidence such as fingerprints or DNA. While this can help the prosecution, our solicitors have experience at successfully challenging the reliability of this evidence and our clients have been found Not Guilty because there was no evidence to convict them.