Theft

Application

Advice and guidance around when this offence could apply, and when it shouldn't apply.

Applies When

• There are no application guidelines for this offence.

Doesn't Apply when

• There are no non-application guidelines for this offence.

Sentencing

Suggested sentences for those who have been convicted of this offence, and advice on the applicable conviction processes.

• Sentences: Where there are multiple suggested sentences, select the sentence that is most appropriate given the offences circumstances.
• Process: Where there are multiple options for the due process, consider the process that best matches the circumstances of the offence, i.e. for more serious circumstances, consider the higher option.

Suggested Sentences

• This sentence severity is variable between low and very high, based on the value of the stolen property.
• The stolen property must be returned to the victim, however if this is not possible then the cash value amounting to the estimated value of the stolen property must be paid to the victim instead.
• The normal forms of sentencing should be added in addition, based on the severity.

Due Process

• Penalty Offence: A fixed penalty notice (FPN) can be issued for this offence without a court hearing or supervisor escalation.
• Summary Offence: A trial in the Magistrates Court, or a supervisor review is required in order for the suspect to be lawfully convicted and sentenced.
• Indictable Offence: A trial in the Crown Court, or a senior supervisor review is required in order for the suspect to be lawfully convicted and sentenced.

Further Guidance

It's important to consider the value, quantity and method of theft when deciding on the suggested sentence, e.g:

• For petty theft such as a theft of a loaf of bread, the severity would be considered low, but;
• For theft of a rare form of art or large sums of gold, the severity could be considered high or very high, and;
• For everything in between, consider an applicable severity.