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Aggravated burglary

s.10Theft Act 1968

Committing any burglary while having with you a firearm or imitation firearm, a weapon of offence, or an explosive.

Aggravated burglary · Theft Act 1968, s.10Card 10 / 85

Points to prove

Burglary – s.9: entering a building or part of a building as a trespasser with intent to steal, inflict grievous bodily harm or do unlawful damage (s.9(1)(a)), or, having entered as a trespasser, stealing or inflicting grievous bodily harm, or attempting to (s.9(1)(b)).
Firearm – s.10(1)(a): includes an airgun or air pistol.
Imitation firearm – s.10(1)(a): anything which has the appearance of being a firearm, whether capable of being discharged or not.
Weapon of offence – s.10(1)(b): 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.
Explosive – s.10(1)(c): 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.

“At the time” depends on the type of burglary. For s.9(1)(a) it is the moment of entry. For s.9(1)(b) it is the moment of the theft or GBH, so a knife picked up inside the building counts (R v O’Leary 1986).
The definition of weapon of offence is wider than for possession of an offensive weapon: it includes articles made, adapted or intended to incapacitate, such as rope or tape to tie someone up.
Aggravated burglary is indictable only, whether or not the building is a dwelling.