Library › Theft, robbery and burglary
Theft: the definition, dishonesty and penalties
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:
- Appropriation (s.3): any assumption of the rights of an owner, such as taking, selling or using property. It can happen even with the owner's consent (R v Gomez [1993] AC 442).
- Property (s.4): money and all other property, including things in action such as a bank balance. Land, wild plants and wild animals can be stolen only in limited circumstances.
- Belonging to another (s.5): anyone with possession, control or a proprietary interest.
- Dishonesty (s.2 and case law). Section 2 says some states of mind are not dishonest, such as a belief in a legal right to the property, a belief that the owner would consent, or a belief that the owner cannot be found by taking reasonable steps. Otherwise the test is that in Ivey v Genting Casinos [2017] UKSC 67, confirmed for criminal cases in R v Barton and Booth [2020] EWCA Crim 575: first, what did the defendant actually know or believe about the facts; second, was the conduct dishonest by the standards of ordinary decent people. The defendant's own view of whether that was dishonest does not matter.
- Intention to permanently deprive (s.6), which includes treating the property as one's own to dispose of regardless of the owner's rights.
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).
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