What are the theft sentencing guidelines?

Theft is defined in section 1 of the Theft Act 1968 as the “dishonest appropriation of property belonging to another with the intention to permanently deprive the other of it”.

In more simple terms, theft involves the taking of someone else’s property with the intention to never give it back. Theft is a serious offence which carries a wide range of potential penalties that vary in severity depending on various factors.

We discuss the sentencing guidelines for theft in the following article, including the maximum sentence for theft in the UK and what you should do if you are facing an accusation of theft.

While we hope this information is useful, please note that it should not be taken as legal advice. If you need legal support with allegations of theft and the corresponding sentencing guidelines, then please get in touch and our team can advise you.

What is the sentence for theft?

According to the Sentencing Council, the sentencing range for theft is between a discharge and six years imprisonment.

If you are found guilty of theft, the sentence that will be handed out will be determined by your perceived culpability, and the harm that has allegedly been caused.

Culpability is divided into three categories:

• A – High Culpability
• B – Medium Culpability
• C – Lesser Culpability

Harm refers to the value of goods alleged to have been stolen and any significant additional harm suffered by the victim or others. It is divided into four categories:

• Category 1 – Financial loss above £100,000 (or above £10,000 if there is significant additional harm)
• Category 2 – Financial loss above £10,000 (or above £500 if there is significant additional harm)
• Category 3 – Financial loss above £500 (or up to £500 if there is significant additional harm)
• Category 4 – Financial loss up to £500

The higher the category of culpability and harm, the more serious the sentence is likely to be for theft.

What is the maximum sentence for theft?

The maximum sentence you can receive for theft is 7 years’ imprisonment. This sentence is likely to be handed out in cases where harm and culpability are both considered to be high.

Are the burglary sentencing guidelines different to those of theft?

Burglary is a separate offence from theft. Burglary involves illegally entering someone’s property to steal something, with three offences falling under this category:

• Aggravated burglary
• Domestic burglary
• Non-domestic burglary

The sentencing guidelines for theft are different to that of burglary. Generally, burglary is treated with harsher sentences, including life imprisonment in some cases.

What happens when you go to court for theft?

If a case goes to court, you could be liable to face a range of punishments for theft. To be convicted of theft, it will need to be demonstrated that theft took place (the evidence required for this is covered below). If it can be shown that theft did take place, defences may be brought forward.

Defences against theft charges could include:

• Mistaken identity
• Factual dispute as to circumstances
• Arguing that there was no intention to permanently deprive a victim of the item(s) in question
• Duress
• The property was yours and the matter is not criminal but a civil or family dispute

What evidence does the court need for theft?

To demonstrate that an act of theft took place, the prosecution will need to illustrate five key elements, these being:

• Dishonesty
• Appropriation
• Property
• The property belongs to someone else
• The intention to permanently deprive the owner of the property

Are you being accused of theft?

We understand that being accused of theft can be extremely distressing. The sentencing guidelines for theft indicate that you could face a serious punishment in some cases, including prison sentences. Having the strongest possible defence on your side is therefore essential. This is something the team at J D Spicer Zeb can provide.

Our criminal defence solicitors specialising in theft have over 45 years of experience in providing robust representation to individuals facing these types of allegations. As such, we are in the strongest possible position to help you have charges dropped, or have a sentence lowered if conviction is unavoidable.

We are highly skilled at handling and presenting the various types of evidence that are typically relied on in theft cases, such as digital evidence and witness testimony. This also means that we can help to identify any flaws in the case against you and ensure that evidence that supports your position is clearly presented.

We have also been accredited by the Law Society for Criminal Litigation. Our experience has meant that we can demonstrate a strong track record of previous success and has helped us to build strong relationships with many of the country’s leading criminal defence barristers.

If you are facing a theft charge, we are here to provide you with the support you need.

Related matters:

We also provide support and guidance on various matters that are related to theft, including:

• Theft
• Armed robbery
• Robbery

Our related cases

• Man Not Guilty of Theft - Highbury Corner Magistrates Court- 2024
• R v DH - Bristol Crown Court - 2018 – high-value motor vehicle theft - acquittal after trial.

Fees and funding

When you work with our team, we will always be open and transparent about the likely fees that will be related to your case.

If you need to attend court in relation to a theft charge, Legal Aid may become available. Whether you can access Legal Aid will depend on whether the grant of public funding is justified.

Where you do not qualify for Legal Aid, the alternative will be to fund the case on a private basis.          

To find out more about the way we handle fees (both Legal Aid and private fees) for theft charges, please use the links provided below:

• Our Fees – Crime Cases
• Do I Qualify for Criminal Legal Aid?
• Bespoke Crime Private Fee Service
• Will Your Private Legal Costs Increase?

Contact our criminal defence lawyers today

If you are due to attend the police station, require any urgent specialist advice, or immediate representation for theft, please do not hesitate to get in touch.

You can contact our dedicated criminal defence lawyers in London, Birmingham, and Manchester by telephone on:

• Brent & Camden London Office: 0207 624 7771
• Manchester Office: 0161 835 1638
• Birmingham Office: 0121 614 3333
• City of London: 0207 624 7771 (our senior Solicitors and Partners can meet by appointment in the City)

Or email: solicitors@jdspicer.co.uk

Alternatively, you can fill out our quick online enquiry form, and we will get back to you quickly.

24/7 legal representation for theft

Please get in touch for a free consultation with one of our expert criminal defence solicitors, as well as immediate representation and advice for theft.

We are available to represent clients all over England and Wales at any time, so please contact our Emergency Number at 07836 577 556.