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Criminal Defence | England & Wales

Shoplifting: what happens next?

How shoplifting allegations are dealt with, from community resolutions to court, the low-value rule and what is changing, and what to do about civil recovery letters.

Reviewed by
Paris Theodorou
· Principal Solicitor · Last reviewed
November 4, 2026

KEY ANSWER

The position in brief

Shoplifting is theft under section 1 of the Theft Act 1968: dishonestly taking property belonging to another intending to permanently deprive them of it. Outcomes range from no further action or a community resolution, through a caution, to prosecution. Where the goods are worth £200 or less, the offence is currently tried in the magistrates' court, although you can still choose Crown Court trial. The Crime and Policing Act 2026 will remove that low-value rule when the provision comes into force. A civil recovery letter from the shop is separate from any criminal case.

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.

Legal information from Theodorous. The law and procedure can change and the application of the law depends on the facts. This guide is general information, not advice on your individual case.

HOW WE CAN HELP

What Theodorous can do

We advise at interview, press for full CCTV, argue for out-of-court outcomes where suitable, and represent you at court. See police station representation.

FREQUENTLY ASKED QUESTIONS

Questions before your next step

Do I have to pay a civil recovery letter?

It is a civil claim by the shop, not a fine. Whether it is enforceable depends on the facts; take advice before paying or ignoring it.

Is forgetting to scan an item theft?

Not if it was a genuine mistake, because dishonesty must be proved.

Will I go to prison for shoplifting?

Custody is rare for a first low-value offence, but repeat or high-value offending can lead to custody.

NEXT STEP

Get advice on a shoplifting allegation

Call 0843 636 7687 or email [email protected].

Get advice on a shoplifting allegation