http://www.legislation.gov.uk/ukpga/2020/17/section/314Sentencing Act 2020An Act to consolidate certain enactments relating to sentencing.texttext/xmlenStatute Law Database2026-04-09Expert Participation2026-04-07 THIRD GROUP OF PARTSDisposalsPART 10Custodial sentencesCHAPTER 7Minimum sentences for particular offences<Emphasis>Minimum sentence for repeat offences</Emphasis>Minimum sentence of 3 years for third domestic burglary3141This section applies where—aa person is convicted of a domestic burglary (“the index offence”) committed on or after 1 December 1999,bwhen the index offence was committed—ithe offender was aged 18 or over, andiihad 2 other relevant domestic burglary convictions, andcone of the burglaries to which those other relevant domestic burglary convictions relate was committed after the person had been convicted of the other.2 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—arelate to any of the offences or to the offender, andbwould make it unjust to do so in all the circumstances.2AIf 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—arelate to any of the offences or to the offender, andbjustify not doing so.3For the purposes of subsection (1), “relevant domestic burglary conviction” means—aa conviction in England and Wales of a domestic burglary committed on or after 1 December 1999,ba 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,ca 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 da 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, ...e. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3AIf 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—aa 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, andba 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. 4Where—aa person is charged with a domestic burglary which, apart from this subsection, would be triable either way, andbthe 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.5In this section “domestic burglary” means a burglary committed in respect of a building or part of a building which is a dwelling.6In this section “an appropriate custodial sentence” means—ain relation to a person who is aged 21 or over when convicted of the index offence, a sentence of imprisonment;bin relation to a person who is aged under 21 when convicted of the index offence, a sentence of detention in a young offender institution.Words in s. 314(2) substituted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 124(4)(a), 208(5)(k)S. 314 in force at 1.12.2020 by S.I. 2020/1236, reg. 2Words in s. 314(4)(b) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 124(4)(c), 208(5)(k)S. 314(3A) inserted (31.12.2020) by Sentencing Act 2020 (c. 17), Sch. 22 para. 91(2) (as inserted by The Taking Account of Convictions (EU Exit) (Amendment) Regulations 2020 (S.I. 2020/1520), regs. 1(1), 5(9)(b))S. 314(2A) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 124(4)(b), 208(5)(k)Words in s. 314(3)(b) omitted (31.12.2020) by virtue of Sentencing Act 2020 (c. 17), s. 417(9), Sch. 22 para. 91(1)(a) (with Sch. 27) (as amended by S.I. 2020/1520, regs. 1(1), 5(9)(a))S. 314 modified (31.12.2020) by 2006 c. 52, s. 226(1A) (as inserted by 2020 c. 17, Sch. 26 para. 15B (as inserted by The Taking Account of Convictions (EU Exit) (Amendment) Regulations 2020 (S.I. 2020/1520), regs. 1(1), 6(4)))S. 314 applied by 2006 c. 52, s. 226 (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 47 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)S. 314(2) excluded by 2006 c. 52, s. 239(5) (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 54(b) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)S. 314(3)(e) and word omitted (31.12.2020) by virtue of Sentencing Act 2020 (c. 17), s. 417(9), Sch. 22 para. 91(1)(c) (with Sch. 27) (as amended by S.I. 2020/1520, regs. 1(1), 5(9)(a))Word in s. 314(3)(c) inserted (31.12.2020) by Sentencing Act 2020 (c. 17), s. 417(9), Sch. 22 para. 91(1)(b) (with Sch. 27) (as amended by S.I. 2020/1520, regs. 1(1), 5(9)(a))