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ONLYWAY.NEWShttps://onlyway.news/en/fact-check/vorovstvo-v-magazinah-nakazanie/20.10.2026
Is it true that…

You can shoplift in England and nothing happens

False

False. Shop theft is ordinary theft under the Theft Act 1968, with a maximum of seven years. The £200 rule only decides which court hears the case. Charges rose 17% in a year.

The claim does not check out. What the score means

Where it circulates. It resurfaces whenever retail crime figures are published, and rests on a misreading of the £200 figure.

The rumour sounds convincing because it contains one true number — £200. That number means something quite different from what it is credited with.

What the law actually says

Shop theft is ordinary theft under the Theft Act 1968. It is an either-way offence, and the maximum sentence is seven years' imprisonment. There is no "free" category of theft in English law.

Where the £200 comes from

In 2014, section 176 of the Anti-social Behaviour, Crime and Policing Act inserted section 22A into the Magistrates' Courts Act 1980, creating "low-value shoplifting". It applies where three conditions are met at once: the goods were offered for sale at £200 or less, they were offered in a shop, and the accused was a customer or purported to be one.

What it does: sends the case to the magistrates' court by default. What it does not do: it does not remove the offence, the criminal record, or the penalty — up to 6 months (later 51 weeks) and a fine. The accused can still elect trial by jury. And if several items are taken on the same occasion, their values are added together.

What the Crime and Policing Act 2026 changes

The Act received Royal Assent on 29 April 2026. Three things matter for shops.

Section 47 makes theft from a shop triable either way irrespective of the value of the goods: the £200 threshold goes.

Section 45 creates a standalone offence of assaulting a retail worker: up to 6 months (later 51 weeks) and an unlimited fine. A retail worker includes someone working unpaid and the owner or occupier; "premises" includes stalls and vehicles.

Section 46 requires the court to make a Criminal Behaviour Order on conviction unless there are exceptional circumstances. Such an order can ban a person from named shops.

The honest caveat: as of today, sections 45 and 47 are not yet in force — legislation.gov.uk marks both "not in force at Royal Assent". The £200 rule still operates, but only as the rule about which court hears the case.

Does nothing really happen in practice?

Government figures say otherwise. Charges for shop theft rose 17% in a year, to 116,641. Retail crime stood at 535,724 offences in the year to December 2025.

What it costs a migrant

This is where the rumour is most dangerous. A conviction for dishonesty is a separate question on immigration forms. It surfaces when a visa is extended, when settlement is applied for, and at naturalisation, where good character is tested. A £15 bottle can cost the status someone spent years building.

What we checked against

Checked by the ONLYWAY NEWS desk, . If the rules change we update the check and date the change. Spotted a mistake? Tell us and we will fix it.

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