Theft and Shoplifting Law UK: Theft Act 1968 Explained

Theft in England and Wales means dishonestly taking or dealing with someone else's property intending to deprive them of it permanently, and it carries up to 7 years in prison under the Theft Act 1968; shoplifting is the same offence, but goods worth £200 or less are treated as low-value shoplifting and normally stay in the magistrates' court. Scotland and Northern Ireland have their own law, set out below.

What counts as theft: the Theft Act 1968

Section 1 of the Theft Act 1968 says a person is guilty of theft if they "dishonestly appropriate property belonging to another with the intention of permanently depriving the other of it". It does not matter whether the person was trying to make a gain or keep the property for themselves.

Sections 2 to 6 explain each part of that definition. All five parts have to be proved.

Section 2 is only a partial definition. Outside the situations it lists, whether someone acted dishonestly is decided by the magistrates or jury applying a test set by the courts rather than by the Act.

Maximum sentences for theft and related offences

Theft is triable either way, so it can be heard in the magistrates' court or the Crown Court. Our page on magistrates' court vs Crown Court explains how that choice is made.

The 7-year maximum is in section 7 and applies on conviction in the Crown Court.

Shoplifting and the £200 low-value rule

Under section 22A of the Magistrates' Courts Act 1980, "low-value shoplifting is triable only summarily". It covers theft of goods worth £200 or less that were on sale in a shop or other trading premises, where the person was, or was purporting to be, a customer or potential customer.

There is one exception. An adult charged with low-value shoplifting can choose to be tried in the Crown Court, and the case is then sent there.

The maximum sentence is 6 months' imprisonment, a fine, or both. The section itself says 51 weeks, but 6 months applies to offences committed before a separate provision of the Criminal Justice Act 2003 is brought into force, and the Sentencing Council guideline states 6 months.

Shoplifting above £200 is ordinary theft, triable either way with the 7-year maximum. The rule applies in England and Wales only.

The Crime and Policing Act 2026: enacted but not yet in force

Section 47 of the Crime and Policing Act 2026 will omit section 22A, so that "theft from shop" becomes triable either way whatever the value of the goods. On legislation.gov.uk the section is shown as prospective and "not in force at Royal Assent", with commencement left to regulations.

As of 25 October 2026, none of the commencement regulations made so far brings section 47 into force. Section 47(3) also says the change does not apply to an offence committed before it comes into force, so the £200 rule continues to govern earlier offences even after commencement.

The same Act creates a new offence of assaulting a retail worker at work (section 45), applying in England and Wales, summary only with a maximum of 6 months, a fine or both. That is also enacted but not yet in force. Until it starts, an assault on shop staff in England and Wales is charged as an ordinary assault (Scotland already has a separate retail-worker offence under the Protection of Workers (Retail and Age-restricted Goods and Services) (Scotland) Act 2021); see our page on assault, ABH and GBH.

How shop theft is dealt with in practice

Not every shop theft goes to court. In England and Wales the police can use out-of-court disposals, including a penalty notice for disorder, a community resolution or a caution. Our page on the police caution explains what accepting one means.

The Sentencing Council's table of offences for which penalty notices are available lists "theft from a shop (where goods under £200 in value, and not normally where goods over £100)" at £90. Note that this is a different threshold from the £200-or-less test in section 22A. More on how these notices work is on our fixed penalty notices page.

Sentencing guideline for theft from a shop

When a shop theft case reaches court, the court follows the Sentencing Council's guideline for theft from a shop or stall, in force since 1 February 2016. The court first places the offence in a culpability band and a harm category.

High culpability (A) includes a leading role in a group, involving others through coercion, sophisticated planning, significant force or threats, or offending while banned from the store. Lesser culpability (C) includes a limited role under direction, little or no planning, or a mental disorder or learning disability linked to the offending.

Harm is mainly about value. Category 3 is goods up to £200 with little or no additional harm, category 2 is £200 to £1,000, and category 1 is over £1,000, with significant additional harm able to move a case up a category.

These are starting points only. The court then adjusts for aggravating and mitigating factors, previous convictions and any guilty plea.

Robbery, burglary and handling stolen goods

Robbery (section 8) is stealing and, in doing so, using force on any person or putting or seeking to put them in fear of being then and there subjected to force. It carries up to life imprisonment.

Burglary (section 9) involves entering a building or part of one as a trespasser, either intending to commit certain offences inside or then stealing, attempting to steal or causing grievous bodily harm. The maximum is 14 years for a dwelling and 10 years otherwise.

Handling stolen goods (section 22) covers handling goods knowing or believing them to be stolen, with a 14-year maximum. Damaging property rather than taking it falls under criminal damage.

Scotland: theft at common law

The Theft Act 1968 does not extend to Scotland. Theft in Scotland is a common-law crime, and the Crown Office's guidelines list it among common-law offences.

Because there is no statutory maximum, the limit depends on the court. According to the Scottish Courts and Tribunals Service, a sheriff in summary proceedings can impose up to 12 months and a fine of up to £10,000, a sheriff with a jury up to 5 years, and the High Court an unlimited sentence.

Scotland has no equivalent of the £200 low-value shoplifting rule. Less serious cases can be dealt with by a direct measure instead of prosecution. The Lord Advocate's guidelines treat theft (not including housebreaking or opening a lockfast place) as eligible for a recorded police warning, subject to general principles.

mygov.scot explains that accepting a direct measure means you will not go to court or get a criminal conviction, and that the police keep the information for 2 years. The procurator fiscal can also offer a fixed penalty, a compensation offer or a work offer.

Northern Ireland: the Theft Act (Northern Ireland) 1969

Northern Ireland has its own statute. Section 1 of the Theft Act (Northern Ireland) 1969 uses the same definition as the 1968 Act.

The maximum differs. Under section 7 of the 1969 Act, theft carries up to 10 years on conviction on indictment, compared with 7 years in England and Wales. The section 22A low-value shoplifting rule does not apply in Northern Ireland.

Civil recovery letters from retailers

Some retailers or their agents send a letter after a shoplifting incident demanding a sum to cover their costs. This is a civil matter, separate from any criminal case.

We could not find any current official source stating that such a demand must be paid, or that it can be enforced without the retailer bringing a claim and obtaining a court judgment. Citizens Advice or a solicitor can look at a particular letter.

On whether shop staff can detain someone, see our page on citizen's arrest. Detention by a member of the public is governed by section 24A of the Police and Criminal Evidence Act 1984, which includes a condition that it is not reasonably practicable for a constable to make the arrest instead.

Theft and your criminal record

In England and Wales, the Rehabilitation of Offenders Act 1974 guidance sets these periods for adults:

Standard and enhanced DBS checks follow different rules. Under the DBS filtering guide, an adult conviction is disclosed until 11 years have passed and an adult caution until 6 years, while any custodial sentence, including a suspended one, means the conviction is always disclosed.

Theft and handling are not on the list of offences that are never filtered. Robbery and some aggravated forms of burglary are. Our pages on spent convictions and DBS checks cover this in more depth. Scotland and Northern Ireland run separate disclosure regimes.

Getting help

Anyone questioned by police about theft can get free legal advice at the police station from the duty solicitor. See our pages on being arrested and criminal legal aid. More criminal law topics are on the UK criminal law hub.

Frequently Asked Questions

Is shoplifting a criminal offence in the UK?

Yes. Shoplifting is theft. In England and Wales it is charged under section 1 of the Theft Act 1968; goods worth £200 or less make it low-value shoplifting, which is normally tried in the magistrates' court. Scotland treats it as common-law theft and Northern Ireland charges it under the Theft Act (Northern Ireland) 1969.

What is the maximum sentence for theft?

In England and Wales, 7 years' imprisonment on conviction in the Crown Court (Theft Act 1968, section 7). In Northern Ireland the maximum on indictment is 10 years. Scotland has no statutory maximum for common-law theft; the limit depends on the court, for example 12 months or a £10,000 fine in sheriff summary proceedings.

Has the £200 shoplifting rule been scrapped?

Not yet. Section 47 of the Crime and Policing Act 2026 will remove section 22A of the Magistrates' Courts Act 1980 so that shop theft is triable either way whatever the value. As of 25 October 2026 that section is enacted but not yet in force, and it will not apply to an offence committed before it comes into force.

What happens if I am caught shoplifting for the first time?

It depends on the facts and the police force. Options in England and Wales include an out-of-court disposal such as a penalty notice for disorder (£90 for theft from a shop where the goods are under £200 and not normally over £100), a caution, or a charge. If a case goes to court, the Sentencing Council guideline for theft from a shop or stall sets starting points from a fine upwards. Anyone interviewed by police is entitled to free legal advice at the police station.

Will a shoplifting caution or conviction show on a DBS check?

It can. A simple caution is spent immediately under the Rehabilitation of Offenders Act 1974, but on standard and enhanced checks an adult caution is disclosed until 6 years have passed and an adult conviction until 11 years have passed. A conviction that received a custodial sentence, including a suspended sentence, is always disclosed.

Do I have to pay a civil recovery letter from a shop?

We could not find any current official source stating that a civil recovery demand must be paid, or that it can be enforced without the retailer suing and obtaining a court judgment. A civil claim is separate from any criminal case. Citizens Advice or a solicitor can advise on a specific letter.

Can a shop worker detain a suspected shoplifter?

Anyone may arrest in limited circumstances under section 24A of the Police and Criminal Evidence Act 1984, including a condition that it is not reasonably practicable for a constable to make the arrest instead. The limits are narrow and are covered on our citizen's arrest page.