Legal issues
What must be proved
Appropriation, property belonging to another, dishonesty and intention to permanently deprive. Genuine mistakes, such as forgetting to scan an item at self-checkout, are not theft.
Low-value shoplifting
Magistrates' Courts Act 1980, section 22A, currently makes theft from a shop of goods worth £200 or less a summary offence, with a right to elect Crown Court trial. Section 47 of the Crime and Policing Act 2026 repeals this rule from a date still to be set; once it is in force, all shop theft will be treated as ordinary either-way theft.
Retail workers
The Crime and Policing Act 2026 also creates a separate offence of assaulting a retail worker, with a maximum of six months' imprisonment, once that provision is brought into force.
Sentence
The Sentencing Council's theft-from-a-shop guideline applies, based on value, culpability and harm. Many first cases end in fines or community outcomes.
Evidence that matters
CCTV, store detective statements, self-checkout logs and receipts. Self-checkout cases often turn on the transaction log.
Reasonable lines of enquiry
Points to check
- Full CCTV, not just the clip selected by the store.
- Till and self-checkout data.
- Whether a mistake or medical issue explains what happened.
What happens next
The police decide between an out-of-court outcome and prosecution. If charged, the first hearing is in the magistrates' court.
Immediate steps
- Do not discuss the allegation with store staff or post about it.
- Keep receipts and bank records for the visit.
- Get advice before any police interview.
What should you send us?
Send the police letter or charge, any civil recovery letter and your receipts.