Theft & Robbery

Quick Overview

Theft and Robbery — Key Facts

Theft and robbery are distinct offences. The critical distinction is the use or threat of force: robbery is theft accompanied by force or the threat of force. That distinction moves the case from the Magistrates' Court to the Crown Court and increases the maximum sentence from seven years to life imprisonment.

  • Theft — Theft Act 1968: Dishonestly appropriating property belonging to another with the intention of permanently depriving the owner. Ranges from shoplifting to theft by an employee.
  • Robbery — Theft Act 1968: Theft accompanied by the use or threat of force immediately before or at the time of stealing. Indictable only — must be tried in the Crown Court. Maximum sentence: life imprisonment.
  • Sentencing Factors: For theft, value and breach of trust are key. For robbery, the level of planning, use of weapons, and the nature of the target determine the starting point.
  • Digital Evidence: Defending these cases frequently involves cell site analysis, digital forensics, and challenges to the reliability of facial recognition and CCTV evidence.
  • Dishonesty Record: Both offences produce a record of dishonesty, which can affect professional registration, employment, and visa applications.
Full article below↓

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Theft — Section 1, Theft Act 1968

A person is guilty of theft if they dishonestly appropriate property belonging to another with the intention of permanently depriving the other of it. Appropriation means assuming the rights of an owner. The Act provides that conduct is not dishonest if the individual believes they have a legal right to the property, or believes the owner would consent if they knew the circumstances. Theft is an either way offence — low-value shoplifting (£200 or under) is summary only. Higher-value theft can be committed to the Crown Court, where the maximum sentence is seven years.

Robbery — Section 8, Theft Act 1968

A person is guilty of robbery if they steal and, immediately before or at the time of doing so, they use force on any person, or put any person in fear of being subjected to force, in order to steal. The timing of the force is essential — it must be used in order to accomplish the theft. Where an assault occurs and property is taken separately as an afterthought, the correct charges are assault and theft, not robbery. Robbery is indictable only and carries a maximum sentence of life imprisonment.

Defending Robbery Allegations

Given the severity of the potential sentence, the defence in robbery cases must be technically rigorous. We regularly challenge prosecution cases by examining: cell site analysis placing a defendant's mobile phone away from the scene; digital forensics scrutinising messages, social media, and cloud data; independent expert analysis challenging the reliability of CCTV identification evidence; and forensic evidence challenging the presence, transfer, or significance of DNA and fingerprint evidence.

What to Do if You Are Arrested or Under Investigation

If you have been arrested, asked to attend a voluntary interview, or released under investigation for theft or robbery, do not speak to the police without a solicitor present. Early examination of identification, digital, and forensic evidence can prevent a charge from being brought or significantly affect the outcome of any subsequent proceedings.

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Common questions

Theft and Robbery FAQ

What is the difference between theft and robbery?
Robbery is theft accompanied by the use or threat of force immediately before or at the time of stealing. Without force or the threat of force, the offence is theft. That distinction moves the case from the Magistrates' Court to the Crown Court and increases the maximum sentence from seven years to life imprisonment.
Can I be charged with robbery if I didn't use a weapon?
Yes. The use of force or the threat of force is sufficient — no weapon is required. Even a shove or push used to accomplish the theft can constitute robbery. The level of force used is, however, relevant to sentencing.
How is CCTV evidence challenged?
We instruct independent expert witnesses to analyse the quality of CCTV footage and assess whether it is sufficient to support identification. Facial recognition software and low-resolution footage are regularly challenged. The reliability of any identification made by police officers reviewing footage is also scrutinised.
What are the sentencing categories for robbery?
The Sentencing Council guidelines distinguish between street robbery, professionally planned robbery, and robbery in a dwelling. Robbery in a dwelling is treated as the most serious category. Sentencing also takes into account the level of planning, use of weapons, number of offenders, and the vulnerability of the victim.
Criminal Law

Theft & Robbery

Facing this allegation is serious — and often unexpected. Early specialist advice makes all the difference to the outcome.

Quick Overview
Theft and Robbery — Key Facts

Theft and robbery are distinct offences. The critical distinction is the use or threat of force: robbery is theft accompanied by force or the threat of force. That distinction moves the case from the Magistrates' Court to the Crown Court and increases the maximum sentence from seven years to life imprisonment.

  • Theft — Theft Act 1968Dishonestly appropriating property belonging to another with the intention of permanently depriving the owner. Ranges from shoplifting to theft by an employee.
  • Robbery — Theft Act 1968Theft accompanied by the use or threat of force immediately before or at the time of stealing. Indictable only — must be tried in the Crown Court. Maximum sentence: life imprisonment.
  • Sentencing FactorsFor theft, value and breach of trust are key. For robbery, the level of planning, use of weapons, and the nature of the target determine the starting point.
  • Digital EvidenceDefending these cases frequently involves cell site analysis, digital forensics, and challenges to the reliability of facial recognition and CCTV evidence.
  • Dishonesty RecordBoth offences produce a record of dishonesty, which can affect professional registration, employment, and visa applications.
Full article below ↓
📞 Call 0161 383 8855 ✉ Email Us

Theft — Section 1, Theft Act 1968

A person is guilty of theft if they dishonestly appropriate property belonging to another with the intention of permanently depriving the other of it. Appropriation means assuming the rights of an owner. The Act provides that conduct is not dishonest if the individual believes they have a legal right to the property, or believes the owner would consent if they knew the circumstances. Theft is an either way offence — low-value shoplifting (£200 or under) is summary only. Higher-value theft can be committed to the Crown Court, where the maximum sentence is seven years.

Robbery — Section 8, Theft Act 1968

A person is guilty of robbery if they steal and, immediately before or at the time of doing so, they use force on any person, or put any person in fear of being subjected to force, in order to steal. The timing of the force is essential — it must be used in order to accomplish the theft. Where an assault occurs and property is taken separately as an afterthought, the correct charges are assault and theft, not robbery. Robbery is indictable only and carries a maximum sentence of life imprisonment.

Defending Robbery Allegations

Given the severity of the potential sentence, the defence in robbery cases must be technically rigorous. We regularly challenge prosecution cases by examining: cell site analysis placing a defendant's mobile phone away from the scene; digital forensics scrutinising messages, social media, and cloud data; independent expert analysis challenging the reliability of CCTV identification evidence; and forensic evidence challenging the presence, transfer, or significance of DNA and fingerprint evidence.

What to Do if You Are Arrested or Under Investigation

If you have been arrested, asked to attend a voluntary interview, or released under investigation for theft or robbery, do not speak to the police without a solicitor present. Early examination of identification, digital, and forensic evidence can prevent a charge from being brought or significantly affect the outcome of any subsequent proceedings.

"Early examination of identification, digital, and forensic evidence can prevent a charge from being brought or significantly affect the outcome of any subsequent proceedings."

— Lostock Legal Solicitors
Arrested for theft or robbery?
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Common questions

Theft and Robbery FAQ

Robbery is theft accompanied by the use or threat of force immediately before or at the time of stealing. Without force or the threat of force, the offence is theft. That distinction moves the case from the Magistrates' Court to the Crown Court and increases the maximum sentence from seven years to life imprisonment.

Yes. The use of force or the threat of force is sufficient — no weapon is required. Even a shove or push used to accomplish the theft can constitute robbery. The level of force used is, however, relevant to sentencing.

We instruct independent expert witnesses to analyse the quality of CCTV footage and assess whether it is sufficient to support identification. Facial recognition software and low-resolution footage are regularly challenged. The reliability of any identification made by police officers reviewing footage is also scrutinised.

The Sentencing Council guidelines distinguish between street robbery, professionally planned robbery, and robbery in a dwelling. Robbery in a dwelling is treated as the most serious category. Sentencing also takes into account the level of planning, use of weapons, number of offenders, and the vulnerability of the victim.

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