The offence
Section 1 of the Theft Act 1968 requires a dishonest appropriation of property belonging to another, with the intention of permanently depriving the owner. Shoplifting is simply theft from a shop. The offence is triable either-way, with a maximum of seven years’ imprisonment on indictment, though minor shoplifting is usually dealt with summarily.
Defences
- A genuine belief in a legal right to the property, or in the owner's consent
- No dishonesty — judged objectively by the standards of reasonable honest people
- No intention to permanently deprive — for example, genuinely intending to return the property
- Dispute over appropriation, ownership or identification of the property
Sentencing
Theft is triable either-way and carries up to seven years on indictment. Low-value, first or minor offences may attract a fine, a conditional discharge, or a community order. Repeat or high-value offending increases the likelihood of custody.
Frequently asked questions
A conviction or caution for theft is recorded and can appear on DBS checks. For minor, first-time offences, diversion or a conditional discharge may avoid a recorded conviction, and we advise on the options.
Seven years’ imprisonment on indictment. Most low-value shoplifting is dealt with in the magistrates’ court by a fine, discharge or community order.
An honest belief in a legal right to the property is a defence to dishonesty, and therefore to theft. Whether such a belief was genuinely held is assessed on the evidence.