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Theft from a shop or stall

s.1 Theft Act 1968 · Crown Court / Magistrates

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Sentencing framework

The guideline for sentencing in cases of theft from a shop or stall requires the court to determine the offence category based on culpability and harm, assess aggravating and mitigating factors to adjust the starting point, and apply a proportional sentence considering the offence’s nature and circumstances.

Maximum sentence

7 years’ custody (except for low-value shoplifting, which has a maximum of 6 months’ custody)

Court

Crown Court / Magistrates

Offence range

Discharge – 3 years’ custody

Aggravating factors

  • ·Previous convictions
  • ·Offence committed while on bail
  • ·Offence motivated by hostility based on victim’s characteristics
  • ·Stealing goods to order
  • ·Steps taken to prevent the victim reporting or obtaining assistance
  • ·Attempts to conceal/dispose of evidence
  • ·Offender motivated by intention to cause harm or revenge
  • ·Failure to comply with current court orders
  • ·Offence committed on licence

Mitigating factors

  • ·No previous convictions or relevant recent convictions
  • ·Remorse, particularly where evidenced by voluntary reparation
  • ·Positive character and/or exemplary conduct
  • ·Serious medical condition requiring urgent treatment
  • ·Age and/or lack of maturity
  • ·Sole or primary carer for dependent relatives
  • ·Determination or steps taken to address addiction or offending behaviour
  • ·Exceptional financial hardship at the time of the theft
  • ·Pregnancy, childbirth and post-natal care
  • ·Difficult and/or deprived background
  • ·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 — using the corresponding starting point to reach a sentence within the category range
  3. Step 3 — consider factors indicating a reduction, such as assistance to the prosecution
  4. Step 4 — reduction for guilty pleas
  5. Step 5 — totality principle
  6. Step 6 — consider confiscation, compensation and ancillary orders
  7. Step 7 — provide reasons for the sentence
  8. Step 8 — consider time spent on bail.

Guideline notes

  • The maximum sentence that applies to an offence is the maximum that applied at the date of the offence.

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.