Criminal Defence Solicitors for Theft and Burglary Cases
Burglary and theft are among the oldest crimes in the world and the legal process for dealing with them has evolved dramatically over time. In this article, the team at Holborn Adams discuss what it means to be accused of burglary or identity theft, and how you can defend yourself.
Understanding Theft and Burglary Allegations
Under the Theft Act 1968, a person commits theft if they “dishonestly appropriate property belonging to another with the intention of permanently depriving the other of it.”
Because the law focuses on dishonesty and intent rather than just physical possession, misunderstandings, borrowing, and accidentally taking something belonging to someone else do not qualify as “theft.”
What is Burglary?
When one looks at the meaning of burglary, things change. Section 9 of the Theft Act says a person is guilty of burglary if they enter a building, or part of a building, as a trespasser with the intent to steal, cause serious harm, or cause unlawful damage.
Aggravated burglary occurs when a burglary involves a firearm, imitation firearm, weapon, or explosive. Sentencing guidelines for aggravated burglary charges reflect this added risk, with courts frequently imposing lengthy custodial sentences.
What is Identity Theft?
Identity theft involves using someone’s personal information (bank details, login credentials, or ID documents) without permission. Often, the goal is to open accounts or make fraudulent purchases.
Guidance from bodies such as the ICO encourages victims of identity fraud to act quickly. This usually means contacting banks, checking credit scores, and more. The involvement of these third parties can dramatically complicate investigations for both the defence and the prosecution.
The Investigation Process for Theft and Burglary Cases
Theft and burglary cases can begin in many ways. But while police typically take these cases seriously, false or exaggerated claims are commonplace. This is especially the case when the suspect and complainant have a prior relationship.
Initial Report and Police Response
Once the police receive a report, they move quickly to establish what happened. Officers will take initial statements, assess any immediate risks, and decide whether to attend the scene.
Evidence Gathering
Following a report, investigators will begin collecting CCTV footage, fingerprints, DNA, alarm logs, door-access data, and witness accounts. They may also seize phones, laptops, and business records to identify patterns of behaviour.
In the process, the police may mishandle, contaminate, or seize items under an invalid warrant. This can later provide valuable leverage for defence teams seeking to prove their client did not actually commit burglary.
The Interview Under Caution
Once the police identify one or more suspects, they will bring them in for an interview under caution. Many will attempt to explain the situation, especially if they believe they are innocent.
However, suspects do not always realise that every word they say is recorded and may be used against them. Early errors in the interview can strongly influence CPS charging decisions later.
Seizure of Property and Business Impact
Police frequently remove property, documents, or electronic devices they believe the suspect obtained illegally. In commercial cases, this can shut down trading, disrupt staff, and cause financial damage.
Criminal defence solicitors for theft and burglary cases can negotiate for the return of items the police do not genuinely need. They can also monitor the scope of the investigation and challenge overreach.
CPS Charging Decisions
Once police believe they have gathered enough material, they send the file to the Crown Prosecution Service. The CPS then determines whether the evidence creates a realistic prospect of conviction and if prosecution is in the public interest.
If the answer is yes, they will initiate official charges. This typically means a trial in the Crown Court. If found guilty of one or more criminal offences, suspects could be liable to imprisonment.
Pre-Charge Engagement in Theft and Burglary Cases
Pre-Charge engagement gives defence lawyers a chance to shape a theft or burglary case before the CPS issues formal charges. This is especially important when evidence is unclear or open to multiple interpretations.
Depending on the nature of the accusations, pre-charge work can include:
- Challenging the interpretation of CCTV footage
- Providing explanations for access rights
- Offering witness statements that support innocent explanations
Well-prepared written submissions to the CPS, supported by documents and expert reports, can persuade prosecutors that there is no realistic prospect of conviction or that a prosecution would not be in the public interest.
Defence Strategies Used in Theft and Burglary Allegations
By breaking the case into its core components, criminal defence solicitors like Holborn Adams can expose weaknesses, challenge assumptions, and present a credible alternative narrative that undermines the prosecution’s case.
Here are some of the strategies we utilise to protect our clients, their reputations, and their futures:
Challenge Identification
Challenging identification is usually the first priority. Mistaken identity is common when evidence relies on poor-quality CCTV footage, masked individuals, or fleeting observations.
We immediately gather alibi material, including phone location data, travel records, and witness statements. We also scrutinise how police conducted identification procedures and whether any witnesses formed their opinions after seeing images online or in the media.
Establish Lawful Access or Permission
In burglary cases, the prosecution must prove that the accused entered or remained on the property as a trespasser. Defence solicitors therefore investigate whether the person had a key, a legitimate right to enter, or a genuine belief that they were allowed on the premises.
In workplace cases, this often involves examining rotas, swipe-card records, and managerial instructions. In domestic or relationship-based cases, prior invitations, shared accommodation, or informal arrangements can all show that entry was lawful.
Dispute Dishonesty and Intent
Both theft and burglary require proof of dishonesty and an intention to permanently deprive. Many allegations fall apart when the defence shows that the accused believed the property was theirs, picked up the wrong item by mistake, or intended to return what they had taken.
Actions such as contacting the owner, returning items voluntarily, or openly carrying them can undermine the prosecution’s interpretation. Character evidence and a clean record can further support the argument that the accused did not act dishonestly.
Analyse Forensic and Digital Evidence
Forensic evidence, such as fingerprints or DNA, does not automatically prove guilt. They may result from innocent prior contact, shared spaces, contamination, or poor evidence handling.
The same goes for digital evidence. Forensic experts can review phone data, messaging apps, and access-control logs to reinforce or challenge the prosecution’s version of events.
Finally, solicitors will examine investigative gaps. Common examples include incomplete forensic testing, missing CCTV footage, failures to follow reasonable lines of inquiry, or contradictions between witness accounts.
All of these can significantly weaken the case.
Why Choosing Holborn Adams Protects Your Future
There is no shortage of criminal defence solicitors for theft and burglary cases in the UK. However, these firms often just react to case developments rather than guide them. At Holborn Adams, we prefer a more proactive approach.
From the first contact, our team focuses on preserving evidence, reconstructing events, and engaging with investigators before charging decisions are made. All the while, we challenge premature assumptions, supply clear explanations backed by documents and witnesses, and prepare detailed submissions aimed at avoiding charges altogether.
With the right team involved from the start, many cases can be stopped before they ever reach court. This not only protects your legal position, but your career, business, and future.
