Some people use the term “robbery” when a “burglary” has taken place, and vice versa. But did you know that these terms refer to different crimes? Robberies and burglaries have their legal definitions and penalties.
In this guide, we look at the differences between a burglary and a robbery, the locations where they can take place, and what you should do if a burglar attempts to break into your home.
- The Crime of Burglary
- The Crime of Robbery
- Robbery Vs Burglary – Differences Compared
- So what is a "thief"?
- Other FAQs
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The Crime of Burglary
Under section 9 Theft Act 1968, a burglary is a specified offence that consists of illegally entering a building or part of a building as a trespasser with intent to commit theft, grievous bodily harm, or criminal damage; or having entered as a trespasser, stealing or inflicting/attempting to inflict grievous bodily harm.
A burglary usually takes place in a home or business. There are three types of burglary recognised in law:
Domestic burglary – Burglary of a dwelling
This type of burglary occurs when an offender enters a building that people live in. This generally refers to houses or flats. It also includes boats and vehicles in which people live, such as caravans, and can include domestic outhouses or garages if they are linked to a house. The maximum sentence is 14 years.
Non-domestic burglary – Burglary of premises other than a dwelling – Theft Act 1968 (s9)
This type of burglary relates to buildings that are not lived in, such as shops or offices. The maximum sentence is 10 years.
Aggravated burglary
This offence is committed when, at the time of a burglary, the offender has with him any firearm or imitation firearm, any weapon of offence, or any explosive. Where a weapon is used to attack someone at the property in the course of the burglary the offender would also normally be charged with an assault offence, or they could be charged with robbery. The maximum sentence for aggravated burglary is a life sentence.
The Crime of Robbery
A person is guilty of robbery if he steals, and immediately before or at the time of doing so, and to do so, he uses force on any person or puts or seeks to put any person of being then and there subjected to force. This can include a street mugging or robbery of a shop, business, or security vehicle. A robbery is treated as being more serious than theft due to the violent nature of the crime, and the maximum sentence is life.
Robbery Vs Burglary – Differences Compared
Here we compare the differences between a burglary and a robbery. Both terms are often used interchangeably to describe these crimes, but there are significant differences when you compare them.
Presence of a Victim:
Robbery: This is a crime against a person. It occurs when a person uses force, threat, or intimidation to take another person’s property in their presence. The victim is present and aware of the crime at the moment it occurs. It is a direct, confrontational crime.
Burglary: This is a crime against a property. A burglary refers to unauthorised entry into a building or dwelling with the intent to commit a crime, which is most often theft. The victim does not have to be present at the time of the crime. Often, the burglar aims to avoid contact with the victim so they can complete the burglary without being disturbed.
Location of the Crime:
Robbery: It can take place anywhere, as long as the victim is present. It could be in a public place, on a street, in a bank, or at home.
Burglary: This involves entering a building, such as a home, apartment, office, or store. The crime is linked to a specific location rather than the presence of a person.
Intent:
Robbery: The primary intention is to steal from a person by using force or threat.
Burglary: The intent is broader for this offence. It could be to steal, vandalise, commit a felony, or commit any illegal act within the premises. The specific intent must be in place at the time of entry.
Legal Consequences:
Robbery: Given its violent nature, robbery is often considered a more serious crime compared to burglary. Being found guilty of robbery can result in more severe penalties, such as a life sentence in prison.
Burglary: Penalties for burglary can vary greatly depending on the circumstances, such as whether the burglar was armed or the burglary occurred at night. If the burglary resulted in a violent act, it could lead to severe penalties as well.
So what is a “thief”?
This is a general term that encompasses any act of taking someone else’s property with the intent to permanently deprive them of it, and without their consent. This could mean someone stealing from a shop, picking someone’s pocket, stealing a bicycle or car, an employee stealing from their workplace, or a guest stealing something from a house during a party. It doesn’t require the use of force or threat. The maximum sentence for theft is seven years.
Other FAQs
What is the difference between stealing, robbery, and theft?
Stealing, robbery, and theft all involve unlawfully taking someone else’s property, but there are key differences.
Stealing is a general term that doesn’t specify the circumstances of the crime. Robbery, a more specific legal term, involves taking property directly from someone using force or threat, making it a violent crime against a person. Theft, also a specific legal term sometimes referred to as larceny, involves taking someone’s property without their consent and with the intent to permanently deprive them of it, but without the use of force or threat directly against them. The exact legal definitions can vary by jurisdiction.
How are burglars typically caught?
Burglars in the United Kingdom, like in many other countries, are typically caught through a combination of investigative techniques, technological advancements, and community cooperation. This is a general overview of how burglars can be caught:
Forensic Evidence:
The police collect forensic evidence from the crime scene, such as fingerprints, DNA, footprints, and tool marks. Advances in technology have made it easier to identify individuals from this type of evidence.
CCTV Footage:
Many homes, businesses, and public spaces in the UK are monitored by CCTV systems. Footage from these systems can often help to identify burglars or provide valuable leads.
Witnesses:
Eyewitness accounts can be instrumental in identifying suspects and providing essential information about the crime.
Property Tracing:
Stolen goods are often sold by burglars, either online, to pawn shops or through other channels. Police can sometimes trace these items back to the crime, leading them to the burglar.
Intelligence and Data Analysis:
Law enforcement agencies use intelligence and data analysis to identify patterns of behaviour, predict future targets, and apprehend suspects. Repeat offenders often have certain patterns, which can help in their identification and capture.
Community Information:
Tips from the public and community can often lead to arrests. Programs like Crimestoppers in the UK allow people to provide anonymous information about crimes.
Automatic Number Plate Recognition (ANPR):
This technology captures images of vehicle number plates, which can be checked against database records of vehicles of interest to the police. If a vehicle is connected to a burglary, ANPR can help track the suspects.
What should I do if a burglar comes to my house?
It’s essential to know what to do if a burglar enters your home. Here are some steps you should take to protect yourself and aid law enforcement:
Stay calm:
It’s important to stay as calm as possible. In scary situations, it’s normal for your adrenaline to surge and for your heart rate to jump. Take a few deep breaths to calm your mind and body so you can decide what to do next. You’ll be able to think clearly and make better decisions.
Don’t confront the burglar:
If you suspect a burglar is in your home, do not try to confront them. Most burglars don’t intend to harm residents and prefer to avoid confrontations. Your safety is more important than your belongings.
Find a Safe Place:
If you can, quietly move to a safe place in your home, like a lockable room. If you can exit your house safely without crossing paths with the burglar, do so.
Call the Police:
Dial your country’s emergency number (999 in the U.K.) and explain the situation quietly and calmly. Stay on the line if you can, and follow the operator’s instructions.
Be prepared to answer a few questions about the following:
- Nature of your emergency
- The address of the emergency
- Your phone number and name
- Who else is in the home with you
- Description of intruder including clothing, gender, hair colour, height, weight, race, location or direction of travel, and whether or not they’re armed
- Where you and the other members of the household are located
Avoid making noise:
If you’re still in the house, try to avoid making noise that might alert the burglar to your presence.
Document what you can:
If it’s safe to do so, try to remember as many details as possible about the situation. How many individuals are present? Can you describe their appearance or anything distinctive about them?
Wait for the police to arrive:
Don’t leave your safe place until you are certain the police have arrived and secured the area.
Cooperate with authorities:
Once the situation is under control, cooperate with the police. Provide them with any details you remember. This will help them in their investigation.
Contact your insurance company:
Report the burglary to your home insurance provider as soon as possible. Provide them with the police report and any other necessary documents.
Inventory stolen items:
Make a list of stolen items and their value if possible. This will help with insurance claims and aid the police in their investigation.
Always remember, your safety is paramount. Material possessions can be replaced; your life cannot.
Is breaking and entering a crime in the UK?
Yes, breaking and entering is a crime in the United Kingdom. It is typically classified as burglary under the Theft Act 1968. According to the Act, a person is guilty of burglary if they enter any building or part of a building as a trespasser with the intent to steal, inflict grievous bodily harm, or do unlawful damage to the building or anything within it.
The severity of the crime and the corresponding punishment can depend on a variety of factors, including whether the burglar intended to commit another crime once inside, whether any property was stolen, and whether anyone was inside the property at the time.
