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Making Off Without Payment

s.3 Theft Act 1978 · Crown Court; Magistrates

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Sentencing framework

The guideline for Making Off Without Payment provides a structured framework for sentencing. It categorizes offences based on culpability and harm, establishing maximum and minimum sentences. Aggravating factors are considered to potentially increase the severity of the sentence, while mitigating circumstances can lead to reductions, allowing a more tailored approach to justice.

Maximum sentence

2 years’ custody

Court

Crown Court; Magistrates

Starting point

12 weeks’ custody

Offence range

Discharge – 36 weeks’ custody

Aggravating factors

  • ·Previous convictions
  • ·Offence committed whilst on bail
  • ·Offence motivated by hostility based on victim's characteristics
  • ·Steps taken to prevent the victim reporting or obtaining assistance
  • ·Attempts to conceal/dispose of evidence
  • ·Failure to comply with current court orders
  • ·Offence committed on licence
  • ·Offences taken into consideration
  • ·Established evidence of community/wider impact

Mitigating factors

  • ·No previous convictions or no relevant/recent convictions
  • ·Remorse, particularly where evidenced by voluntary reparation to the victim
  • ·Positive character and/or exemplary conduct
  • ·Serious medical condition requiring urgent, intensive or long-term treatment
  • ·Age and/or lack of maturity
  • ·Mental disorder or learning disability
  • ·Sole or primary carer for dependent relatives
  • ·Determination and/or demonstration of steps having been taken to address addiction or offending behaviour
  • ·Pregnancy, childbirth and post-natal care
  • ·Difficult and/or deprived background or personal circumstances
  • ·Prospects of or in work, training or education

Sentencing range explorer

Select the culpability level and harm category to see the guideline's starting point and category range. This is an educational illustration of the published guideline — not a sentence calculation, and not legal advice. Courts apply the full step-by-step process, aggravating and mitigating factors, and the totality principle.

Culpability

Harm

Select a culpability level and a harm category above.

The sentencing process, step by step

  1. Step 1 — determining the offence category
  2. Step 2 — use the sentencing table to assess starting point and range
  3. Step 3 — consider any factors which indicate a reduction
  4. Step 4 — reduction for guilty pleas
  5. Step 5 — totality principle
  6. Step 6 — confiscation, compensation and ancillary orders
  7. Step 7 — reasons
  8. Step 8 — consideration for time spent on bail

Always read the full guideline

This is a one-page summary. For any live case, sentencing exercise, or legal advice the authoritative source is the Sentencing Council's own definitive guideline — including the category bands, step-by-step sentencing approach, and all statutory factors not captured here.

Open the full guideline on sentencingcouncil.org.uk

Source: Sentencing Council · Crown copyright, licensed under Open Government Licence v3.0. Summary fetched 2026-06-28. Not legal advice — see a regulated adviser for any live case.