Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Theft definition

What does Theft mean? In practice, theft describes the criminal taking or assumption of another’s property with the purpose of keeping it. In England and Wales (Theft Act 1968, s 1) and Northern Ireland (Theft Act (Northern Ireland) 1969, s 1), the offence is committed where a person dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it. Subsequent provisions define key elements, including “appropriation” (assumption of any owner’s rights, which can occur even with consent), “property” (money, personal property and things in action, with limited exceptions), and intention to permanently deprive (including treating property...

Theft (England and Wales): elements, dishonesty, appropriation, property (including digital assets), belonging to another, intention to permanently deprive, low-value shoplifting and mode of trial, corporate liability and sentencing

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Practice notes

The offence of Theft and mode of trial

Theft is an either-way offence, capable of being heard in the magistrates’ court or in the Crown Court. By contrast, minor shoplifting as defined by section 22A of the Magistrates’ Courts Act 1980 (MCA 1980)—where the Goods taken are worth no more than £200—is prosecuted only summarily. If several such shop theft counts are laid together and, when combined, the value exceeds £200, the conduct no longer falls within ‘low-level’ for MCA 1980, s 22A, and becomes triable either way. In Candlish, the Administrative Court ruled that allegations of ‘low value’ shop theft should not be treated as self-contained summary matters, regardless of their cumulative value, until the plea and allocation stage. Relying on Harvey, the court in Candlish further held that the expression ‘charged on the same occasion’ in MCA 1980, s 22A(4)(b), concerns the defendant’s first appearance before the justices to answer the charges, and not any earlier procedural step. This position was reaffirmed in Jobson v DPP, where the Administrative Court concluded that low-value shoplifting allegations retain either-way status...

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Web page updated on 27/05/2026

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