Theft from a Shop (Section 1 Theft Act 1968)

Theft from a shop is charged as theft under s.1 Theft Act 1968; the definition and the penalty are those of s.1 and s.7, which draw no distinction for theft from a shop. A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it (s.1(1)); it is immaterial whether the appropriation is made with a view to gain, or is made for the thief's own benefit (s.1(2)). Maximum sentence: on conviction on indictment, imprisonment for a term not exceeding seven years (s.7). If tried summarily, a magistrates' court does not have power to impose imprisonment for a term exceeding the general limit, which is 12 months in the case of an offence triable either way (Sentencing Act 2020, s.224(1), (1A)(b)).

Where the value of the stolen goods does not exceed £200, the goods were being offered for sale in a shop or any other premises, stall, vehicle or place from which there is carried on a trade or business, and the accused was, or was purporting to be, a customer or potential customer of the person offering the goods for sale, the offence is “low-value shoplifting”, which is triable only summarily unless an accused aged 18 or over elects to be tried by the Crown Court (Magistrates' Courts Act 1980, s.22A(1) to (3)). The value is the price at which the goods were being offered for sale, aggregated where two or more such offences are charged on the same occasion (s.22A(4)). A person guilty of low-value shoplifting is liable on summary conviction to imprisonment for a period not exceeding 51 weeks (or 6 months, if the offence was committed before the commencement of section 281(4) and (5) of the Criminal Justice Act 2003), a fine, or both (s.22A(5)).

In practice

This is an either-way offence: it may be tried at the magistrates' court or the Crown Court. Mode of trial depends on the seriousness and the defendant's election. The suspect must be cautioned in accordance with Code C PACE 1984 before any questions about the offence are put to them. Interviews must be audio-recorded (Code E) or, for indictable offences, may be visually recorded (Code F).