Theft

What Is Theft?

Theft is defined under the Theft Act 1968 as:

“Dishonestly appropriating property belonging to another with the intention of permanently depriving the other of it.”

What Does This Mean in Practice?

In simple terms, theft occurs when someone takes something that does not belong to them, with the intent not to return it. However, not every taking of property amounts to theft. The law sets out circumstances where appropriation is not considered dishonest, including:

• If the person has a legal right to the property
• If they honestly believe the owner would have consented to the taking
• If they cannot locate the owner despite taking reasonable steps to do so

Theft offences can vary in seriousness—from minor shoplifting to theft of high-value items, such as motor vehicles or theft in the workplace, which can involve a significant breach of trust.

How do the Courts Deal with Theft Offences?

Theft is classified as an either way offence, meaning it can be heard in either the Magistrates’ Court or the Crown Court, depending on factors such as the value of the stolen property, the level of trust breached, and whether the offender has any previous convictions.

• For low-value theft or less serious cases, the matter may remain in the Magistrates’ Court
• High-value theft or serious cases involving breach of trust are more likely to be sent to the Crown Court

It’s important to note that any conviction for theft is a conviction for dishonesty, which can have serious consequences on future employment, professional standing, and visa or immigration matters.

Sentencing for Theft Offences

The maximum sentence for theft in the Crown Court is 7 years’ imprisonment and/or an unlimited fine.

In the Magistrates’ Court, the maximum sentence is up to 12 months’ imprisonment

The courts will also take into account:

• The value of the property stolen
• Any emotional or financial harm caused to the victim
• The offender’s intent, level of planning, and previous convictions

How We Can Help

If you’re facing an allegation of Theft or any other offence of dishonesty, reach out to our team of specialist solicitors at Lostock Legal for confidential, non-judgmental advice and representation. We’re here to support you every step of the way.