Section 314: Minimum sentence of 3 years for third domestic burglary, Sentencing Act 2020

This section applies where—

a person is convicted of a domestic burglary (“the index offence”) committed on or after 1 December 1999,

when the index offence was committed—

the offender was aged 18 or over, and

had 2 other relevant domestic burglary convictions, and

one of the burglaries to which those other relevant domestic burglary convictions relate was committed after the person had been convicted of the other.

If the index offence was committed before the day on which section 124 of the Police, Crime, Sentencing and Courts Act 2022 came into force, the court must impose an appropriate custodial sentence for a term of at least 3 years unless the court is of the opinion that there are particular circumstances which—

relate to any of the offences or to the offender, and

would make it unjust to do so in all the circumstances.

If the index offence was committed on or after the day on which section 124 of the Police, Crime, Sentencing and Courts Act 2022 came into force, the court must impose an appropriate custodial sentence for a term of at least 3 years unless the court is of the opinion that there are exceptional circumstances which—

relate to any of the offences or to the offender, and

justify not doing so.

For the purposes of subsection (1), “relevant domestic burglary conviction” means—

a conviction in England and Wales of a domestic burglary committed on or after 1 December 1999,

a conviction in another part of the United Kingdom ... of an offence committed on or after 16 August 2010 which would have constituted an offence of domestic burglary, if committed in England and Wales at the time of the conviction,

a conviction of an offence under section 42 of the Armed Forces Act 2006 in respect of which the corresponding offence under the law of England and Wales (within the meaning of that section) is an offence of domestic burglary, or

a conviction of an offence under section 70 of the Army Act 1955, section 70 of the Air Force Act 1955 or section 42 of the Naval Discipline Act 1957 committed on or after 1 December 1999 in respect of which the corresponding civil offence (within the meaning of the Act in question) is an offence of domestic burglary, ...

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

If the proceedings for the index offence were instituted before IP completion day (see section 397(5)), for the purposes of subsection (1) “relevant domestic burglary conviction” also includes—

a conviction in a member State of an offence committed on or after 16 August 2010 which would have constituted an offence of domestic burglary, if committed in England and Wales at the time of the conviction, and

a conviction of a member State service offence committed on or after 16 August 2010 which would have constituted an offence of domestic burglary if committed in England and Wales at the time of conviction.

Where—

a person is charged with a domestic burglary which, apart from this subsection, would be triable either way, and

the circumstances are such that, if convicted of the burglary, the person could be sentenced for it under subsection (2) or (2A),

the burglary is to be triable only on indictment.

In this section “domestic burglary” means a burglary committed in respect of a building or part of a building which is a dwelling.

In this section “an appropriate custodial sentence” means—

in relation to a person who is aged 21 or over when convicted of the index offence, a sentence of imprisonment;

in relation to a person who is aged under 21 when convicted of the index offence, a sentence of detention in a young offender institution.

Section 314: Minimum sentence of 3 years for third domestic burglary

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