Many will have heard the term ‘three strikes, and you’re out’ or perhaps mandatory minimum term sentences (MMT). But often don’t understand what they are and which criminal offences they can be imposed for. In England and Wales there are a number of offences which can result in a MMT including burglary, possession of firearms or other prohibited weapons and drug trafficking offences. In this article we take a look at the MMT for burglary offences.

What are mandatory minimum term sentences?

For certain offences the sentencing Judge is required to pass a MMT. This is the minimum amount a convicted person will have to spend in custody.

When is a mandatory minimum term sentence imposed for burglary?

Under s.314 Sentencing Act 2020 a MMT is imposed when a defendant:

• Is aged 18 or above
• They are to be sentenced for a dwelling house burglary (burglary of somebodies home)
• And, have two or more previous convictions for dwelling house burglaries recorded against

They will be subject to a minimum term of imprisonment, this is more commonly known as the ‘third-strike rule’. 

What is the mandatory minimum term for a three strike burglary sentence?

The minimum sentence of the Court will be 3 years imprisonment. 

Is there any discount for a guilty plea in mandatory minimum sentence for a three strike burglary offence?

If a defendant pleads guilty he is entitled to a maximum of 20 % reduction in Sentence for the guilty plea. This will amount to 876 days being the minimum term, the guilty plea is based on a sliding scale and therefore an early plea at the first available opportunity will attract the greatest reduction of 20%. 

Are there any circumstances where the MMT does not need to be imposed?

If the latest offence is committed before 28 June 2022, then the Court does not have to impose the minimum mandatory term. However, the Court must be of the opinion that there are particular circumstances which would make it unjust for the minimum term to be imposed. If the Sentence was committed after 28 June 2022 then there has to be exceptional circumstances whereby the Court will not impose the minimum mandatory term. 

Why it is important for expert legal advice 

It is highly important to seek legal advice, in the first instance to test the reliability of the Prosecution case against the defendant. If a guilty plea is to be entered it is important that the plea is made in a timely manner to offer the most reduction in sentence (known as credit). If there are personal mitigating factors, such as mental health issues, poverty or homelessness or any other exceptional reason which would provide the Court an insight into the offending then instructing an expert criminal solicitor is crucial to advance the mitigating features and seek to make written and oral submissions arguing any exceptional circumstances. 

Understanding the rules around mandatory minimum sentences for burglary is essential, especially if you or someone you know is facing a potential ‘third strike’ offence. These cases can be complex, and the consequences are serious. That’s why it’s vital to have expert legal representation. At Burton Copeland, our experienced criminal defence solicitors are here to help you navigate the legal process and fight for the best possible outcome. If you need advice or representation, contact our team today.