Theft
Theft is dishonestly taking or otherwise appropriating property belonging to someone else, intending to permanently deprive them of it. It is triable either way and carries a maximum of 7 years' imprisonment, although low-value shoplifting currently has special rules.
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 | Stealing, Section 1 theft |
|---|---|
| The law | Theft Act 1968, section 1 |
| Where it is tried | either way. It can be tried in the magistrates' court or the Crown Court, but theft from a shop of goods worth £200 or less is currently summary only unless an adult defendant elects Crown Court trial (see Shoplifting). |
| Maximum penalty | 7 years' imprisonment and/or an unlimited fine (Theft Act 1968, s.7). In the magistrates' court the maximum for a single either-way offence is 12 months' imprisonment (Sentencing Act 2020, s.224). Low-value shoplifting tried summarily: 6 months and/or an unlimited fine. |
| Sentencing guideline | Sentencing Council: Theft - general |
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
- Appropriation: the defendant assumed a right of the owner, for example by taking, selling, using or keeping the property.
- Property: money, goods and other property, including things in action such as a bank balance.
- Belonging to another: someone else owned, possessed or controlled the property or had an interest in it.
- Dishonesty: judged by the standards of ordinary decent people, based on what the defendant actually knew or believed (the Ivey test).
- Intention to permanently deprive the owner, which can include treating the property as your own to dispose of regardless of the owner's rights.
Defences and common issues
- Belief in a legal right to take the property, belief that the owner would have consented, or belief that the owner could not be found by taking reasonable steps (Theft Act 1968, s.2).
- No dishonesty, judged by the standards of ordinary decent people on the facts as the defendant believed them to be.
- No intention to permanently deprive, for example genuinely borrowing with the intention of returning the item unchanged.
- Identification or mistaken belief that the property was the defendant's own.
Frequently asked questions
Is borrowing something without permission theft?
Usually not, because theft requires an intention to permanently deprive the owner. If you genuinely intended to return the item in the same condition, that intention is normally missing. But borrowing can count as theft if you keep it for so long or use it in such a way that its value is used up, such as a season ticket, or if you treat it as your own to dispose of. Taking a vehicle without consent is a separate offence.
Is keeping money paid into my account by mistake theft?
It can be. The Theft Act 1968, s.5(4), treats money received by mistake as belonging to the person entitled to have it returned, so dishonestly spending or keeping it can amount to theft. Whether it is dishonest depends on what you knew and believed, judged by the standards of ordinary decent people. If you did not realise the payment was a mistake, it is unlikely to be theft. Banks can also recover mistaken payments through civil processes.
Is keeping something I found theft?
It can be. Keeping found property is not dishonest under the Theft Act 1968, s.2, if you believe the owner cannot be discovered by taking reasonable steps. If you find something with an obvious owner, such as a wallet with a bank card or an ID, and keep it without trying to return it or hand it in, that could be theft. Items that have been deliberately abandoned by their owner are not treated as belonging to anyone.
What is the maximum sentence for theft?
The maximum sentence for theft is 7 years' imprisonment and/or an unlimited fine in the Crown Court. In the magistrates' court the maximum is 12 months, and for low-value shoplifting tried summarily it is 6 months. Sentences for most thefts are much lower and are based on the Sentencing Council guideline, which considers the value taken, any extra harm to the victim, and the offender's culpability, such as planning or breach of trust.
Do I have to answer police questions if I am arrested for theft?
You do not have to answer police questions, and you have the right to free and independent legal advice at the police station at any time. However, in England and Wales a court may draw an adverse inference if you later rely on a fact in your defence that you could reasonably have mentioned in interview (Criminal Justice and Public Order Act 1994, ss.34 to 38). Whether to answer questions, give a prepared statement or say 'no comment' is something a solicitor can advise on before the interview.
Official sources
Primary sources and official guidance on this topic, for anyone who wants to read the underlying rules directly.
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