Legal issues
The defence should identify exactly what property is alleged, who it belonged to for Theft Act purposes, what conduct is said to amount to appropriation, why the prosecution says it was dishonest and what proves an intention permanently to deprive.
Some factual situations may fit fraud, handling stolen goods or other offences better than theft. Charge selection should follow the conduct that can actually be proved.
Evidence that matters
Evidence may include CCTV, receipts, invoices, contracts, employment or company documents, messages, banking records, inventory, access logs, ownership documents and witness evidence about permission or the transaction.
Reasonable lines of enquiry
Enquiries may include obtaining complete transaction histories, employment or contractual authority, stock records, payment trails, ownership documents and communications showing what the defendant believed or intended at the relevant time.
What happens next
Theft is generally an either-way offence, although special rules can apply to particular forms such as low-value shoplifting. The case may remain in the Magistrates’ Court or be sent to the Crown Court depending on the offence and circumstances.
Immediate steps
Preserve receipts, contracts, messages, banking records and any evidence of ownership, authority, repayment or intended return. Do not alter business or transaction records.
What should you send us?
Send the allegation or charge, property/value details, ownership and authority documents, messages, receipts/invoices, financial records, CCTV and next date.