Shoplifting
Shoplifting is theft of goods from a shop, stall or other business. It is still a crime whatever the value. At present, if the goods are worth £200 or less it is a summary offence, but the Crime and Policing Act 2026 will remove that rule once it comes into force.
Law checked as at 25 September 2026. Legal information only, not legal advice, and not a prediction of any sentence.
At a glance
| Also known as | Theft from a shop, Low-value shoplifting, Retail theft |
|---|---|
| The law | Theft Act 1968, section 1 |
| Where it is tried | currently summary only if the goods are worth £200 or less, although a defendant aged 18 or over can choose Crown Court trial; above £200 it is triable either way. When s.47 of the Crime and Policing Act 2026 is commenced, all shop theft committed after that date will be triable either way. |
| Maximum penalty | Theft: 7 years' imprisonment and/or an unlimited fine. Low-value shoplifting (£200 or less) tried summarily: 6 months' imprisonment and/or an unlimited fine. In the magistrates' court the maximum for a single either-way offence is 12 months' imprisonment (Sentencing Act 2020, s.224). |
| Sentencing guideline | Sentencing Council: Theft from a shop or stall |
Maximum penalties are the most a court can impose for the worst cases. Most sentences are far lower, and the actual sentence depends on the facts, any guilty plea and the court's assessment.
What the prosecution must prove
- The defendant appropriated goods offered for sale, for example by concealing them, switching labels or taking them past the tills without paying.
- The goods belonged to the shop or business.
- The defendant acted dishonestly, judged by the standards of ordinary decent people on the facts as they believed them to be.
- The defendant intended to permanently deprive the shop of the goods.
- For low-value shoplifting under s.22A of the Magistrates' Courts Act 1980, the goods were worth £200 or less (added together if several offences are charged at once) and the defendant was, or appeared to be, a customer.
Defences and common issues
- No dishonesty, for example genuinely forgetting an item in a bag or trolley, judged on what the defendant actually believed.
- No intention to permanently deprive the shop, such as intending to pay at another till.
- Mistaken identity, often tested against CCTV evidence.
- Belief that there was a legal right to the goods or that the shop would have consented.
Frequently asked questions
Has the £200 shoplifting rule been scrapped?
The rule has been repealed by law but the change is not yet in force. Section 47 of the Crime and Policing Act 2026, which received Royal Assent on 29 April 2026, removes section 22A of the Magistrates' Courts Act 1980, so all shop theft becomes triable either way with a 7-year maximum. At the time of writing, section 47 has not been brought into force, and it will only apply to offences committed after it starts.
Is shoplifting under £200 still a crime?
Yes. Stealing goods worth £200 or less from a shop is still theft and a criminal offence. The £200 rule only affects which court deals with it: low-value shoplifting is treated as a summary offence tried in the magistrates' court, with a maximum of 6 months' imprisonment and/or an unlimited fine. Police can still arrest, and suspects can be charged, cautioned or given another out-of-court outcome. A conviction appears on your criminal record.
Can you go to prison for shoplifting?
Yes. Low-value shoplifting tried in the magistrates' court carries up to 6 months' imprisonment, and shoplifting of goods worth more than £200 carries up to 7 years in the Crown Court. Many first offences end in a fine, discharge or community order, but repeat offending, threats or violence towards staff, or organised theft can lead to custody. Courts use the Sentencing Council guideline for theft from a shop or stall.
Is it shoplifting if I had not left the shop yet?
It can be. In law, theft can be complete as soon as someone dishonestly appropriates goods with intent to permanently deprive the shop, for example by hiding items in a bag, so leaving the premises is not strictly required. In practice, staff and police often wait until a person passes the tills because that makes it easier to prove the intention not to pay. Whether there was dishonesty and intention depends on the evidence in each case.
Can I ask for a jury trial for shoplifting under £200?
Yes, if you are 18 or over. Although low-value shoplifting is normally treated as a summary offence, section 22A(2) of the Magistrates' Courts Act 1980 gives an adult defendant the right to elect trial in the Crown Court before the summary trial begins. If you do, the case is dealt with as ordinary theft, which has a higher maximum sentence of 7 years. A solicitor can explain the risks and advantages of each option.
Official sources
Primary sources and official guidance on this topic, for anyone who wants to read the underlying rules directly.
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