Shoplifting
Shoplifting is stealing goods on sale from a shop. Scotland has no separate shoplifting offence: it is prosecuted as common law theft, usually described as 'theft by shoplifting', whatever the value of the goods taken. Low-level cases can sometimes be dealt with without court.
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 by shoplifting, Shop theft |
|---|---|
| The law | Common law of Scotland |
| Where it is tried | shoplifting is usually prosecuted under summary procedure in the JP court (where the value does not exceed £2,500) or the sheriff court. Repeated, high-value or organised shop theft can be prosecuted under solemn procedure before a sheriff and jury. |
| Maximum penalty | Shoplifting (as theft) is a common law crime, so there is no single statutory maximum: the limit depends on the court that deals with it. JP court: up to 60 days' imprisonment and/or a fine of up to £2,500. Sheriff court under summary procedure: up to 12 months' imprisonment and/or a fine of up to £10,000. Sheriff and jury (solemn procedure): up to 5 years' imprisonment and/or an unlimited fine, and the sheriff can remit (send) the case to the High Court for sentence if more is merited. High Court of Justiciary: up to life imprisonment and/or an unlimited fine. The JP court cannot try a theft where the value exceeds £2,500. |
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
- That the accused took goods on sale in a shop, or otherwise appropriated them, without paying
- That the goods belonged to the shop and were taken without its consent
- That the accused intended to deprive the shop of the goods
- That the accused is identified, often using CCTV and staff evidence, with the key facts corroborated
Defences and common issues
- No intention to steal: for example, genuinely forgetting to pay, which the court judges from all the circumstances.
- Identification: disputing that the person shown on CCTV is the accused.
- Belief that the goods had been paid for or that the shop had consented.
- Insufficient evidence: Scots law generally requires corroboration, so the key facts must be supported by more than one source, such as a witness and CCTV.
Frequently asked questions
Is low-value shoplifting treated differently in Scotland?
There is no separate low-value shoplifting offence in Scotland and no amount below which it stops being a crime. Shoplifting is charged as common law theft whatever the value. The value does affect which court can hear the case: the JP court can only try thefts worth up to £2,500, so higher-value cases go to the sheriff court. Low-level cases may be dealt with by a Recorded Police Warning or a Procurator Fiscal direct measure instead of prosecution.
What is a Recorded Police Warning for shoplifting?
A Recorded Police Warning is a formal warning that police can give an adult for low-level offending, including theft that does not involve housebreaking or opening a lockfast place, under the Lord Advocate's guidelines. It is an alternative to reporting the case to the Procurator Fiscal. You can choose to accept or reject it, and no admission of guilt is required. It is not a criminal conviction, but police keep information about it for two years.
Will a shoplifting conviction show up on my record?
A conviction for theft by shoplifting goes on your criminal record. Under the Rehabilitation of Offenders Act 1974 as amended by the Management of Offenders (Scotland) Act 2019, it becomes spent after a disclosure period. For an adult, that is 12 months for a fine and the length of the sentence plus two years for a prison sentence of up to 12 months. Once spent, it does not normally appear on a basic disclosure, although higher-level checks follow different rules.
Is threatening or assaulting shop staff a separate offence?
Yes. The Protection of Workers (Retail and Age-restricted Goods and Services) (Scotland) Act 2021 makes it an offence to assault, threaten or abuse a retail worker who is engaged in retail work, where the person knows or ought to know that. It carries up to 12 months' imprisonment and a fine of up to £10,000 on summary conviction. If violence or threats are used to take the goods, the charge could instead be robbery, which is far more serious.
What happens after someone is caught shoplifting?
Police may be called and can either give an adult a Recorded Police Warning or report the case to the Procurator Fiscal. The Fiscal can prosecute, take no action, or offer a direct measure such as a fiscal fine, compensation offer or fiscal work order. If the case is prosecuted, the accused is cited to court or appears from custody. Under summary case management in the sheriff courts, CCTV of the incident, where available, is disclosed to the defence before the case first calls in court to help cases resolve earlier.
Official sources
Primary sources and official guidance on this topic, for anyone who wants to read the underlying rules directly.
- Scottish Government: Scottish Crime Recording Standard, Group 3 (crimes of dishonesty)
- COPFS: Lord Advocate's guidelines on the use of police direct measures for adult offenders
- Protection of Workers (Retail and Age-restricted Goods and Services) (Scotland) Act 2021, section 1
- Management of Offenders (Scotland) Act 2019
- Judiciary of Scotland: Summary case management extended to shoplifting cases (December 2025)
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