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Theft from a shop or stall

Theft, burglary and robbery — practical elements, sentencing links and station notes for accredited reps in England & Wales.

Theft, burglary and robbery

Theft from a shop or stall

Theft Act 1968, s.1

England & Wales. Elements, mode of trial, maximum and defences — not a charging or outcome predictor.

Triable
Either way (low-value shoplifting may be treated as summary-only under MCA 1980 s.22A)
Maximum penalty
7 years' custody (6 months for low-value shoplifting treated as summary-only)

Actus reus

  • Dishonest appropriation of goods from a shop or stall belonging to another.
  • Same Theft Act s.1 elements as general theft, in a retail/stall context.

Mens rea

  • Dishonesty (Ivey test).
  • Intention to permanently deprive.

Verified case law

  • Ivey v Genting Casinos[2017] UKSC 67

    The Ghosh test is no longer law; dishonesty is assessed objectively after establishing the defendant's actual belief about the facts.

  • DPP v Gomez[1993] AC 442

    Appropriation can occur even where the owner consented if obtained by deception.

  • R v Lloyd[1985] 1 QB 653

    Borrowing can amount to theft if there is intention to treat the goods as own to dispose of.

Defences

Honest belief in right / consent · No intention to permanently deprive · Not dishonest · Goods paid for / left to pay

Sentencing Council

Sentencing Council guideline effective 1 February 2016. Offence range: discharge to 3 years' custody.

View definitive guideline ↗

At the police station

Extremely common. Check value (low-value shoplifting threshold), CCTV, and whether security tags/foil are alleged. Take clear instructions on payment intent.

When to involve a rep or solicitor

Police station advice is free under legal aid and is not means-tested.

Authoritative sources for this page

Statute plus Sentencing Council (and CPS where listed) are the two primary sources we used for mode of trial, maximum and elements. Case links are from our verified registry only.

More in Theft, burglary and robbery

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Sources & further reading

Links are to official publishers (legislation, gov.uk, CPS, LAA, Sentencing Council). Case law on this site is limited to entries in our verified case-law registry. Always confirm the current version before relying on it in live advice.