The Student Room Group

BURGLARY 9(1)(a) vs 9(1)(b) Law

Hi, I was wondering if a person was to enter as a trespasser but didn't intend to commit any ulterior offences before entering, upon entering and having entered what section does that fall under?

This person basically just entered as a trespasser to seek shelter. What section does this fall under?
If you enter a building with the intent to commit theft, GBH or crim dam, you commit burglary (s9(1)(a) Theft Act 1968).
If you enter a building and then commit or attempt to commit theft or GBH, you commit burglary (s9(1)(b) Theft Act 1968).

If you enter as a trespasser to seek shelter, you may commit an offence under s4 of the Vagrancy Act 1824 but you won't commit any burglary offence.

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