Burglary, Theft, Robbery, Fraud & Criminal Damage
Facing Allegations of Burglary, Theft, Robbery, Fraud & Criminal Damage?
Being accused of a dishonesty offence or criminal damage can be incredibly stressful and often comes with serious consequences — from heavy fines and community orders to lengthy prison sentences.
At MC Solicitors, we are specialists in defending clients accused of Burglary, Theft, Fraud, Criminal Damage, Robbery & Blackmail. Whether you’ve been arrested, charged, or invited to a voluntary interview, we act quickly to protect your rights, challenge the evidence, and fight for the best possible outcome.
Contact us for confidential legal support.
On This Page
Section 9 — Theft Act 1968
Burglary
Offences
(1) A person is guilty of burglary if— (a) he enters any building or part of a building as a trespasser and with intent to commit any such offence as is mentioned in subsection
(2) below; or (b) having entered any building or part of a building as a trespasser he steals or attempts to steal anything in the building or that part of it or inflicts or attempts to inflict on any person therein any grievous bodily harm. (2) The offences referred to in subsection (1)(a) above are offences of stealing anything in the building or part of a building in question, of inflicting on any person therein any grievous bodily harm or of doing unlawful damage to the building or anything therein.
Theft Act 1968, s 9
Points to Prove
- ✓ entered a building/part of a building
- ✓ as a trespasser
- ✓ with intent to:
- ✓ to steal property therein/inflict grievous bodily harm on person therein/do unlawful damage to the building or anything therein
OR
- ✓ having entered a building/part of a building
- ✓ as a trespasser
- ✓ stole or attempted to steal anything therein/inflicted or attempted to inflict grievous bodily harm on any person therein
Meanings
Meaning of “Building”
‘Building’ includes an outhouse, a shed, an inhabited vehicle, or a vessel—regardless of whether the person is inside at the time.
Allocation and Punishment
Maximum punishment if dealt with in the Magistrates Court 6/12 months’ imprisonment and/or a fine
Maximum punishment in the Crown Court10 years’ imprisonment (dwelling—14 years’ imprisonment)
Section 10 — Theft Act 1968
Aggravated Burglary
Section 10 of the Theft Act 1968 creates the offence of aggravated burglary.
Offences
A person is guilty of aggravated burglary if he commits any burglary and at the time has with him any firearm or imitation firearm, any weapon of offence, or any explosive. Theft Act 1968, s 10
Points to Prove
- ✓ committed burglary
- ✓ had with them at the time
- ✓ a firearm/imitation firearm/weapon of offence/explosive
Note – includes an air gun or air pistol
Key Definitions
What is a firearm?
(a) a lethal barrelled weapon;
(b) a prohibited weapon;
(c) a relevant component part in relation to a lethal barrelled weapon or prohibited weapon;
(d) an accessory to a lethal barrelled weapon or a prohibited weapon where the accessory is designed or adapted to diminish the noise or flash by firing the weapon.
(a)Lethal barrelled weapon
Means a barrelled weapon of any description from which a shot, bullet, or other missile, with kinetic energy of more than one joule at the muzzle of the weapon, can be discharged.
Shot, bullet, or other missile
These terms are not defined and should be given their natural meaning:
- ▸ ‘shot’ usually means round pellets;
- ▸ ‘bullet’ is normally discharged from a weapon with a rifled barrel;
- ▸ ‘missile’ is a more general term—darts and pellets have been held to be missiles.
(b)Prohibited weapons and ammunition
require an authority from the Secretary of State and the descriptions of such weapons are listed under s 5. The list includes weapons such as: machine guns; self-loading or pump-action rifled guns (other than a 0.22 rifle); rocket launchers; air weapons with self-contained gas cartridge system; grenades; any weapon of whatever description designed or adapted for the discharge of any noxious liquid, gas, or other thing, such as CS spray, stun guns, and conducted energy devices (CED).
(c)Component part
Each of the following items is a relevant component part in relation to a lethal barrelled weapon or a prohibited weapon as defined in s 57(1D) but only where the item is capable of being used as part of a lethal barrelled weapon or a prohibited weapon, including:
(a) a barrel, chamber, or cylinder; (b) a frame, body, or receiver; (c) a breech block, bolt, or other mechanism for containing the pressure of discharge at the rear of a chamber.
(d)Accessory
This is given its natural meaning and includes such accessories as a silencer or flash eliminator.
What is an imitation firearm?
Anything which has the appearance of being a firearm, whether capable of being discharged or not.
What is an offensive weapon?
Any article made or adapted for use for causing injury to or incapacitating a person or intended by the person having it with them for such use.
What is an explosive?
Any article manufactured for the purpose of producing a practical effect by explosion or intended by the person having it with them for that purpose.
Allocation and Punishment
Can only be dealt with in the Crown Court – life imprisonment
Section 1 — Theft Act 1968
Theft
Key Elements of Theft
Dishonestly
Section 2 Theft Act 1968 specifies that appropriation is not dishonest if the person doing it believes that:
- ▸ They have a legal right to take the property; or
- ▸ The owner would agree to their taking it if they knew about it; or
- ▸ They could not find the person to whom the property belongs by taking reasonable steps.
It also provides that appropriation may still be dishonest if the person was willing to pay for the property they have taken.
There is no complete definition of “dishonesty”
The leading case on the test for “dishonesty” is the Supreme Court case of Ivey v Genting Casinos [2018] AC 391, and which was adopted in the case of R v Barton and Booth [2020] EWCA Crim 575. The ruling means that the Court/jury must consider the following two-stage test:
- ▸ What was the defendant’s actual state of knowledge or belief as to the facts; and
- ▸ Was the defendant’s conduct dishonest by the standards of ordinary decent people?
Appropriates
Section 3 Theft Act 1968 provides that any assumption of the rights of an owner amounts to appropriation, and this includes where a person has come by the property (innocently or not), without stealing it, any later assumption of a right to it by keeping it or dealing with as an owner.
Property
This includes intangible property (e.g. a credit in a bank account).
Belonging to another
Property “belongs to another” where that person
- ▸ has possession or control of it; or
- ▸ has given it to the defendant subject to an obligation that it is dealt with in some particular way; or
- ▸ has given it to the defendant by mistake and the defendant is under an obligation to restore it to them (in whole or in part); or
- ▸ is the beneficiary of a trust to which the property is subject.
The definition does not include any need for the property to be lawfully held by the person in possession or control of it.
The property must belong to another at the time of appropriation.
Intending to permanently deprive
A defendant may be regarded as having the intent permanently to deprive even though they do not intend the victim to “lose the thing itself” if they intend to treat the item as their own to dispose of regardless of the victim’s rights.
Allocation and Punishment
Theft
Magistrates Court: 6/12 months’ imprisonment and/or a fine
Crown Court: 7 years’ imprisonment and/or a fine
Section 22 — Theft Act 1968
Handling Stolen Goods
Section 22 of the Theft Act 1968 creates various combinations of offences of handling stolen goods knowing or believing them to be stolen.
Offences
A person handles stolen goods if (otherwise than in the course of the stealing) knowing or believing them to be stolen goods he dishonestly receives the goods, or dishonestly undertakes or assists in their retention, removal, disposal or realisation by or for the benefit of another person, or he arranges to do so.
Points to Prove
- ✓ otherwise than in the course of stealing
- ✓ knowing/believing goods to be stolen
- ✓ dishonestly received them or
- ✓ dishonestly undertook/assisted
- ✓ in the retention/removal/disposal/realisation of them OR
- ✓ arranged to do so
- ✓ by/for the benefit of another
Handling Stolen Goods — Definitions
Meanings
Stolen goods
(s 24(2)) Stolen goods shall include—in addition to the goods originally stolen and parts of them (whether in their original state or not)—any other goods which directly or indirectly represent or have at any time represented the stolen goods in the hands of the thief or handler of the goods (or any part of them) as being the proceeds of any disposal or realisation of the whole or part of the goods stolen or stolen goods handled by them of goods so representing the stolen goods.
Goods
Includes money and every other description of property except land, and includes things severed from the land by stealing.
Goods obtained through blackmail or fraud are also considered stolen goods for the purposes of the offence of handling, as is cash dishonestly withdrawn from an account which has received a wrongful credit.
Knowing
Means actually having been told by somebody having first-hand knowledge (eg the thief or burglar) that the goods had been stolen.
Believing
Means the state of mind of a person who cannot be certain that goods are stolen, but where the circumstances indicate no other reasonable conclusion.
Dishonestly
(See above)
Receives
Means gaining possession or control of the goods.
Possession
Means either actual physical possession or constructive possession (storing the goods in premises belonging to them).
Undertakes
Includes where the person agrees to perform the act(s) that constitute the offence.
Retention
Means keeping possession of, not losing, continuing to have.
Realisation
Means the conversion of the goods, invariably into money
Arranges to do so
Means arranging to receive, retain, remove, dispose, or convert the stolen goods. This can be done without seeing or having had anything to do with the goods.
Therefore, the offence can be committed in various ways:
- ▸ Receiving stolen goods; or
- ▸ Undertaking in their retention, removal or realisation by another person or for the benefit of another person; or
- ▸ arranging to do so.
In all cases, the handling must be done otherwise than in the course of theft (or all thieves would also be handlers).
Allocation and Punishment
Magistrates Court: 6/12 months’ imprisonment and/or a fine
Crown Court: 7 years’ imprisonment and/or fine,
Section 25 — Theft Act 1968
Going Equipped
Section 25 of the Theft Act creates the offences of going equipped for any burglary or theft.
Examples of Going Equipped include:
Carrying tools at night for burglary: A person is found late at night near houses with a crowbar; gloves; screwdriver; torch which could be intended to be used break into a property.
Possessing tools to steal from cars: A person entering a car park with spark plug fragments (used to break windows quietly) or a lock-picking tools with no lawful excuse.
Having a foil-lined bag in shops: A person enters a shop with a “booster bag” or foil-lined rucksack (used to block security tags) with the intention of stealing goods.
Wearing clothing adapted for theft: A person enters a shop wearing a jacket with hidden pockets or trousers with sewn-in concealed compartments intended to hide stolen items.
Offences
A person shall be guilty of an offence if, when not at his place of abode, he has with him any article for use in the course of or in connection with any burglary or theft.
Theft Act 1968, s 25(1)
Points to Prove
- ✓ not at place of abode
- ✓ had with them
- ✓ article(s) for use in course of/in connection with
- ✓ a burglary/theft
Going Equipped — Definitions
Meanings
Place of abode
This normally means the place or site where someone lives. It could include the garage and garden of a house, but it is ultimately a matter for the court or jury to decide.
Has with him
A wider concept than “carrying” the item, relevant considerations include how immediately accessible the item is, how close it is, the context of any proposed criminal enterprise.
Article
This has a wide meaning. It may include a whole range of items and substances from foil lining to prevent anti – theft alarms going off or a screw driver to open a window.
Burglary
Burglary includes where a defendant intends to commit criminal damage or grievous bodily harm.
Theft
Section 25(5) Theft Act 1968 specifies that “theft” includes taking a conveyance without consent contrary to section 12 (1) Theft Act 1968. But it will not extend to taking a pedal cycle contrary to section 12(5) Theft Act 1968.
Allocation and Punishment
Magistrates Court: 6/2 months imprisonment and/or a fine
Crown Court: 3 years’ imprisonment
Section 3 — Theft Act 1978
Making off without Payment (MOWP)
Section 3 of the Theft Act 1978 creates the offence of making off without payment (also known as ‘bilking’).
Examples include:
- ▸ Leaving a restaurant without paying
- ▸ Filling up with fuel and driving off
- ▸ Walking out of a taxi without paying the fare
- ▸ Absconding from a car wash or valet service
- ▸ Hotel guest checking out early when no staff are present, knowing they have not settled the bill
Offences
Subject to subsection (3) below, a person who, knowing that payment on the spot for any goods supplied or service done is required or expected from him, dishonestly, makes off without having paid as required or expected and with intent to avoid payment of the amount due shall be guilty of an offence.
Points to Prove
- ✓ knowing a payment on the spot required/expected
- ✓ for goods supplied/service done
- ✓ dishonestly
- ✓ made off
- ✓ without having paid as required/expected
- ✓ with intent to avoid payment of amount due
Making Off Without Payment — Definitions
Meanings
Payment on the spot required or expected
This includes payment at the time of collecting goods on which work has been done or in respect of which service has been provided. Payment on the spot does not become due until the goods or services have been provided.
Goods
See above
Dishonestly
See above
Intent to avoid payment
This must be to make permanent default. If the defendant’s intent was simply to defer payment then the offence of Making Off Without Payment (MOWP) will not have been committed (R v Allen (1984) 79 Cr App R 265).
Defences
Subsection (1) above shall not apply where the supply of the goods or the doing of the service is contrary to law, or where the service done is such that payment is not legally enforceable.
Theft Act 1978, s 3(3)
Note
A payment not being legally enforceable may be where the service provider breaks a contract (e.g. a taxi driver who fails to complete a journey) or where the contract cannot be enforced through the courts.
Allocation and Punishment
Magistrates Court: 6/12 months’ imprisonment and/or a fine
Crown Court: 2 years’ imprisonment
Section 1 — Criminal Damage Act 1971
Criminal Damage
Offences
A person who without lawful excuse destroys or damages any property belonging to another intending to destroy or damage any such property or being reckless as to whether any such property would be destroyed or damaged shall be guilty of an offence. Criminal Damage Act 1971, s 1(1)
Points to Prove
- ✓ without lawful excuse
- ✓ destroyed/damaged
- ✓ property to value of (specify value where known)
- ✓ intending to
- ✓ destroy/damage such property
OR
- ✓ being reckless whether it was destroyed/damaged
Allocation and Punishment
Punishment criminal damage (other than by fire)
Criminal damage: triable only in the Magistrates Court if value involved does not exceed £5,000. Maximum: Level 4 fine and/or 3 months imprisonment
Triable either way (in the Magistrates Court or the Crown Court) if value involved exceeds £5,000: Maximum when tried summarily: Level 5 fine and/or 6 months imprisonment. Maximum when tried on indictment: 10 years imprisonment
Racially or religiously aggravated criminal damage
Racially or religiously aggravated criminal damage: triable either way – in the Magistrates Court or the Crown Court.
Maximum when tried in the Crown Court on indictment: 14 years imprisonment
Fraud by false representation
Common examples of Fraud by False Representation
- ▸ Using a bank card without the owners’ permission to pay for goods or services
- ▸ Using a cheque without the owners’ permission to pay for goods or services
- ▸ Falsifying details on a mortgage application
Points to Prove
- ✓ dishonestly made a false representation
- ✓ intending to make a gain for yourself/another or
- ✓ intending to cause loss to another/expose another to a risk of loss
Note – The offence is entirely focused on the conduct of the suspect.
Meaning of Fraud by False Representation
(1) A person is in breach of this section if he—
(a) dishonestly makes a false representation, and
(b) intends, by making the representation—
(i) to make a gain for himself or another, or
(ii) to cause loss to another or to expose another to a risk of loss.
(2) A representation is false if—
(a) it is untrue or misleading, and
(b) the person making it knows that it is, or might be, untrue or misleading.
(3) ‘Representation’ means any representation as to fact or law, including a representation as to the state of mind of—
(a) the person making the representation, or
(b) any other person.
(4) A representation may be express or implied.
(5) For the purposes of this section a representation may be regarded as made if it (or anything implying it) is submitted in any form to any system or device designed to receive, convey or respond to communications (with or without human intervention). Fraud Act 2006, s 2
Punishment
Punishment Fraud by False Representation
Maximum if heard in the Magistrates Court: 6/12 months’ imprisonment and/or a fine
Maximum if heard in the Crown Court: 10 years’ imprisonment
Fraud by failing to disclose information
Common example of Failing to disclose information
Intentionally failing to disclose information relating to their physical condition when making an application for life insurance.
Points to Prove
- ✓ dishonestly failed to disclose to another
- ✓ information which you were under a legal duty to disclose
- ✓ intending, by that failure
- ✓ to make a gain for yourself/another
OR
- ✓ to cause loss to another/expose another to a risk of loss
Note – this offence is entirely suspect focused. It is complete as soon as the suspect fails to disclose information provided s/he was under a legal duty to do so, and that it was done with the necessary dishonest intent. It differs from the deception offences in that it is immaterial whether or not any one is deceived or any property actually gained or lost.
Meaning of fraud by failing to disclose information
A person is in breach of this section if he—
(a) dishonestly fails to disclose to another person information which he is under a legal duty to disclose, and
(b) intends, by failing to disclose the information—
(i) to make a gain for himself or another, or
(ii) to cause loss to another or to expose another to a risk of loss.
Fraud Act 2006, s 3(1)
Punishment
Punishment Fraud by failing to disclose
Maximum if heard in the Magistrates Court: 6/12 months’ imprisonment and/or a fine
Maximum if heard in the Crown Court: 10 years’ imprisonment
Fraud by abuse of position
Common examples of Fraud by abuse of position
- ▸ Where a carer for a disabled or elderly person has access to a person’s bank account and abuses their position by transferring funds for their own gain.
- ▸ A software company employee uses their position to clone software products with the intention of selling the products to others.
Points to Prove
- ✓ occupying a position in which you were expected
- ✓ to safeguard, or not to act against, the financial interests of another
- ✓ dishonestly abused that position
- ✓ intending to make a gain for yourself/another
OR
- ✓ intending to cause loss to another/expose another to a risk of loss
Note – this offence is entirely suspect focused. It is complete once the suspect carries out the act that is the abuse of his position. It is immaterial whether or not he is successful in his enterprise and whether or not any gain or loss is actually made.
Meaning of Fraud by abuse of position
(1) A person is in breach of this section if he—
(a) occupies a position in which he is expected to safeguard, or not to act against, the financial interests of another person,
(b) dishonestly abuses that position, and
(c) intends, by means of the abuse of that position—
(i) to make a gain for himself or another, or
(ii) to cause loss to another or to expose another to a risk of loss.
(2) A person may be regarded as having abused his position even though his conduct consisted of an omission rather than an act.
Fraud Act 2006, s 4
Punishment
Maximum if heard in the Magistrates Court: 6/12 months’ imprisonment and/or a fine
Maximum if heard in the Crown Court: 10 years’ imprisonment
Possess or control article for use in fraud
Section 6 deals with the offence of a person having in their possession or under their control an article for use in fraud.
Common example
The kits that are attached to ATM machines to capture card details;
Offences
A person is guilty of an offence if he has in his possession or under his control any article for use in the course of or in connection with any fraud. Fraud Act 2006, s 6(1)
Points to Prove
- ✓ had in your possession/under your control
- ✓ an article
- ✓ for use in the course of/in connection with a fraud
Punishment
Maximum punishment if dealt with at the Magistrates Court: 6/12 months’ imprisonment and/or a fine
Maximum punishment if dealt with at the Crown Court: 5 years’ imprisonment and/or a fine
Making or supplying article for use in fraud
Section 7 deals with the offences of making or supplying an article for use in fraud.
Common examples
- ▸ the kits that are attached to ATM machines to capture card details;
- ▸ forged credit cards or the equipment for making them;
- ▸ lists of credit card numbers;
- ▸ counterfeit goods presented as genuine;
Offences
A person is guilty of an offence if he makes, adapts, supplies or offers to supply any article—
(a) knowing that it is designed or adapted for use in the course of or in connection with fraud, or
(b) intending it to be used to commit, or assist in the commission of, fraud. Fraud Act 2006, s 7(1)
Points to Prove
- ✓ made / adapted / supplied / offered to supply
- ✓ an article
- ✓ knowing that it was designed/adapted for use in the course of/in connection with fraud
OR
- ✓ intending it to be used to commit/assist in the commission of fraud
Punishment
If dealt with at the Magistrates Court maximum 12 months’ imprisonment and/or a fine
If dealt with at the Crown Court maximum 10 years’ imprisonment and/or a fine
Obtaining Services Dishonestly
Section 11 of the Fraud Act 2006 makes it an offence for any person, by any dishonest act, to obtain services for which payment is required, with intent to avoid payment.
Common example of obtaining services dishonestly
A person attaches a decoder to a television set in order to view/have access to cable/satellite channels for which they have no intention of paying.
Offences
(1) A person is guilty of an offence under this section if he obtains services for himself or another—
(a) by a dishonest act, and
(b) in breach of subsection (2).
(2) A person obtains services in breach of this subsection if—
(a) they are made available on the basis that payment has been, is being or will be made for or in respect of them,
(b) he obtains them without any payment having been made for or in respect of them or without payment having been made in full, and
(c) when he obtains them, he knows—
(i) that they are being made available on the basis described in paragraph (a), or
(ii) that they might be,
but intends that payment will not be made, or will not be made in full. Fraud Act 2006, s 11
Points to Prove
- ✓ obtained services for yourself/another by a dishonest act
- ✓ services were available on the basis that payment made for/in respect of them
- ✓ you obtained them without any payment/in full
- ✓ when you obtained them, you knew that they were being/might be made available on the basis described above
- ✓ but you intended that payment would not be made/made in full
Punishment
Maximum if dealt with at the Magistrates Court 6/12 months’ imprisonment and/or a fine
Maximum if dealt with at the Crown Court 5 years’ imprisonment and/or a fine
Robbery
The Theft Act 1968 provides for the offence of theft and other connected offences. Section 8 provides for the offences of robbery and assault with intent to rob.
Offences
A person is guilty of robbery if he steals, and immediately before or at the time of doing so, and in order to do so, he uses force on any person or puts or seeks to put any person in fear of being then and there subjected to force.
Points to Prove
- ✓ stole property
- ✓ immediately before/at the time of doing so
- ✓ and in order to do so
- ✓ used force on a person or put/sought to put person in fear of immediate force
Force
Means the ordinary meaning and whether force has been used is a matter for the court to decide. This is a question of fact for the jury.
Note
- ▸ The offence of theft must be proved before robbery can be substantiated.
- ▸ Force or the threat of force must be used immediately before or at the time of the theft. If, at the end of an assault, the offender then decides to take their victim’s watch, that is not a robbery, it is separate offences of assault and theft.
- ▸ The use of force, or threat of force, must be to enable a theft.
- ▸ If the offence is carried out by a number of offenders, but only one uses violence towards the victim, the others cannot be held responsible for the violence unless a prior agreement between them to use that degree of violence in order to achieve their objective is shown (joint unlawful enterprise).
- ▸ It is not necessary to prove that the victim was actually put in fear, it is sufficient to prove that the offender sought to put them in fear
Defences
If an honest belief that a legal claim of right to the property exists
Allocation and Penalty
Robbery
Crown Court only
Maximum – up to life imprisonment or an unlimited fine, or both
Assault with Intent to Rob
Where there is an assault with intent to rob there will often be an attempted robbery.
Assault with Intent to Rob
Crown Court only
Maximum – Up to life imprisonment or an unlimited fine, or both.
Blackmail
Section 21 of the Theft Act 1968 deals with the offence of blackmail.
Offences
A person is guilty of blackmail if, with a view to gain for himself or another or with intent to cause loss to another, he makes any unwarranted demand with menaces; and for this purpose, a demand with menaces is unwarranted unless the person making it does so in the belief—
(a) that he has reasonable grounds for making the demands; and
(b) that the use of the menaces is a proper means of reinforcing the demands.
Points to Prove
- ✓ with view to gain for self/another or intent to cause loss to another
- ✓ made unwarranted demand with menaces
Intent
The mens rea, which is Latin for ‘guilty mind’, must be proved.
This can be proved by looking at various sources of information:
- ▸ admissions made by the suspect in interview which reveal their state of mind at the time of the commission of the offence;
- ▸ answers given by the suspect to questions regarding their actions and intentions at the time of the offence;
- ▸ by inference from the circumstances of the offence;
- ▸ evidence from witnesses;
- ▸ actions of the suspect before, during, and after the event, and property found on them or in their control.
To prove intent, all the above to be taken into account.
The defendants state of mind at the time must be proved. A jury must consider the circumstances and decide by way of a subjective test whether the defendant would have intended or foreseen the results which occurred.
Menaces
This is not defined by the Theft Act 1968 but it is an ordinary English word which the jury can generally decide on as a question of fact. Exceptionally the jury may need some guidance where:
- ▸ the threat is one which deliberately exploited a victim’s unusual timidity or some phobia they had (R v Garwood (1987) Cr App R 85); or
- ▸ although the defendant intended that the victim should be put in fear, they are not in fact affected by the threat (R v Clear (1968) 52 Cr App R 58).
In both cases the jury should be directed that such threats are capable of amounting to menaces for the purposes of section 21 Theft Act 1968.
Demand
This is not defined in Theft Act 1968 but it is a word in ordinary use and should be left to the jury. It can be phrased as a request or even as an offer (such as an offer of “protection” to a business.)
It may be simply the defendant’s demeanour. If the effect is to subject the victim to menacing pressure then that element of the offence will be made out.
A demand need not be actually communicated to the victim in order to be “made” for the purposes of section 21 Theft Act 1968. The demand is made when it is addressed to the victim (whether in writing or spoken words) whether the victim receives it or not.
Unwarranted
A demand will be unwarranted unless the person making it believes both that they have reasonable grounds for making it and that the menaces used are a proper means of reinforcing it.
It is for the defence to raise this as an issue but once raised, the onus is on the prosecution to disprove it to the criminal standard. The test is subjective: what the defendant in fact believed, reasonably or not.
View to gain/intending to cause loss
Gain and loss are defined at section 34(2) Theft Act 1968 and are limited to gain or loss of money or other property. The gain or loss may be temporary and include gain by keeping what one already has and loss by not getting what one might otherwise get.
The offence of blackmail is committed when a person with a view to gain for themselves or another or intending to cause loss to another makes an unwarranted demand with menaces. Dishonesty is not an element of the offence.
Defences
In the belief that:
- ▸ they had reasonable grounds for making the demands; and
- ▸ the use of the menaces is a proper means of reinforcing the demands.
Punishment
Blackmail
Crown Court only
Maximum punishment – up to 14 years imprisonment
How are theft, burglary, and robbery different?
Theft – Taking property without permission and intending to keep it
Burglary – Entering a property unlawfully with the intent to commit theft, damage, or another offence
Robbery – Theft involving force or the threat of force
The Legal Process: What to Expect
Being accused of any offence can be overwhelming, but knowing what lies ahead can make things less daunting.
1. Police Interview
If you’re arrested or invited for a voluntary interview:
- Do not speak to the police without legal representation
- We will be present with you to ensure your rights are protected
- We’ll review the evidence, prepare you for questioning, and advise on the best approach
2. Bail and Release
After interview, the police may:
- Release you without charge – No Further Action (NFA)
- Release you under investigation while they gather more evidence (RUI)
- Place you on bail with or without bail conditions
- Charge you formally and move the case to court
3. Preparing Your Defence
If your case moves forward, we will:
- Analyse the prosecution’s evidence in detail, including CCTV, forensic, digital, or financial records
- Identify weaknesses, inconsistencies, and procedural errors
- Gather defence evidence, witness statements, and expert reports where necessary
- Work with leading barristers and specialists to build the strongest possible defence
4. Court Representation
Burglary, theft, fraud, and criminal damage cases may be heard in the Magistrates’ Court or the Crown Court, depending on the seriousness of the offence. Our solicitors have extensive experience in both, ensuring:
- Robust defence strategies are presented clearly and persuasively
- Mitigating circumstances are highlighted to minimise penalties where appropriate
- You are supported, advised, and represented at every stage of proceedings
Why Choose MC Solicitors?
Specialists in dishonesty and property offences with decades of experience
Proven results — securing acquittals, reduced sentences, and withdrawn charges
24/7 representation at police stations
Sensitive and discreet handling of complex cases
Access to a network of leading barristers, forensic experts, and investigators
We understand the impact these allegations can have and are committed to protecting your future.
FAQs
Shoplifting is generally treated as a form of theft, but minor cases may be dealt with by penalty notices or cautions. Serious or repeat offences can still lead to prosecution.
Aggravated burglary happens when someone commits burglary while carrying a weapon, such as a firearm, knife, or imitation gun. It’s one of the most serious burglary charges and can carry life imprisonment.
Yes. Burglary is often linked with other allegations, such as assault, robbery, or criminal damage. We will examine all related charges and build a joined-up defence.
While armed robbery often results in custodial sentences, factors like age, role, prior record, and mitigation can influence the outcome. We’ll work to minimise the impact wherever possible.
Yes. Fraud can carry penalties of up to 10 years in prison, along with unlimited fines and possible confiscation of assets.
Agencies such as the CPS, HMRC, or Trading Standards may investigate. These cases often involve complex financial data and digital evidence — early legal advice is crucial.
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If you’re facing serious allegations, our team is here to provide expert support. Let us help safeguard your rights.