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Theft: the definition, dishonesty and penalties

Updated 2026-11-04 · Checked against sources 2026-11-04 · England & Wales

Theft is dishonestly appropriating property belonging to another with the intention of permanently depriving them of it (Theft Act 1968 s.1). It is triable either way, with a maximum sentence of 7 years.

The elements

Under section 1 of the Theft Act 1968 the prosecution must prove:

Court and sentence

Theft is an either-way offence with a maximum of 7 years' imprisonment (s.7). Shop theft of goods worth £200 or less is currently summary only, with a maximum of 6 months' imprisonment, although a defendant aged 18 or over can elect Crown Court trial (Magistrates' Courts Act 1980 s.22A). The Crime and Policing Act 2026 s.47 will abolish this rule so that all shop theft is triable either way, but at the time of writing it had not been brought into force, and it will not apply to offences committed before it is.

Sentence follows the Sentencing Council theft guidelines, which turn on culpability and the harm caused, including the value and the effect on the victim. For defendants convicted on or after 22 March 2026, a prison sentence of 12 months or less is presumed to be suspended unless an exception applies (Sentencing Act 2026 s.1).

Related offences

Robbery (s.8), burglary (s.9), taking a conveyance without authority (s.12), blackmail (s.21) and handling stolen goods (s.22) are separate offences under the same Act (see the robbery and burglary guide). Dishonesty offences involving false representations are usually charged under the Fraud Act 2006 (see Fraud: the three ways of committing fraud).

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Authorities: Theft Act 1968 ss.1 to 7; R v Gomez [1993] AC 442; Ivey v Genting Casinos (UK) Ltd [2017] UKSC 67; R v Barton and Booth [2020] EWCA Crim 575; Magistrates' Courts Act 1980 s.22A; Crime and Policing Act 2026 s.47 (not yet in force); Sentencing Act 2026 s.1; Sentencing Council, Theft offences definitive guideline

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