Shoplifting - Revision history

Elena Renderos at 03:32, 16 September 2020

2020-09-16T03:32:47Z

Elena Renderos: Elena Renderos moved page Shoplifting (No. 202) to Shoplifting: Removing recording numbers from page names

2020-09-12T00:46:42Z

Elena Renderos moved page Shoplifting (No. 202) to Shoplifting: Removing recording numbers from page names

← Older revision		Revision as of 00:46, 12 September 2020
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Drew Jackson at 20:35, 25 March 2019

2019-03-25T20:35:39Z

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	{{REVIEWEDPLS \| reviewer = [http://www.vancitydefence.com/our-people/jordan-allingham/ Jordan Allingham], Ferguson Allingham, and [https://www.paulbriggslawyer.com/blank-3 Paul Briggs], Paul Briggs Law\|date= July 2017}} {{Dial-A-Law TOC\|expanded = crime}}		{{REVIEWEDPLS \| reviewer = [http://www.vancitydefence.com/our-people/jordan-allingham/ Jordan Allingham], Ferguson Allingham, and [https://www.paulbriggslawyer.com/blank-3 Paul Briggs], Paul Briggs Law\|date= July 2017}} {{Dial-A-Law TOC\|expanded = crime}}
	Shoplifting is taking (or trying to take) something from a store without paying for it, with the intention of stealing. Learn what to expect if you’ve been charged with shoplifting.		'''Shoplifting''' is taking (or trying to take) something from a store without paying for it, with the intention of stealing. Learn what to expect if you’ve been charged with shoplifting.

	==Understand your legal rights==		==Understand your legal rights==
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	:Web: [https://legalaid.bc.ca/publications/subject.php?sub=9 legalaid.bc.ca]		:Web: [https://legalaid.bc.ca/publications/subject.php?sub=9 legalaid.bc.ca]


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	{{Dial-A-Law Copyright}}		{{Dial-A-Law Copyright}}

Elena Renderos at 03:28, 25 March 2019

2019-03-25T03:28:41Z

← Older revision		Revision as of 03:28, 25 March 2019
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	{{~~Dial~~-A-Law ~~Blurb~~}}		{{REVIEWEDPLS \| reviewer = [http://www.vancitydefence.com/our-people/jordan-allingham/ Jordan Allingham], Ferguson Allingham, and [https://www.paulbriggslawyer.com/blank-3 Paul Briggs], Paul Briggs Law\|date= July 2017}} {{Dial-A-Law TOC\|expanded = crime}}

	{{Dial-A-Law TOC\|expanded = ~~criminal~~}}
	Shoplifting is taking (or trying to take) something from a store without paying for it, with the intention of stealing. Learn what to expect if you’ve been charged with shoplifting.		Shoplifting is taking (or trying to take) something from a store without paying for it, with the intention of stealing. Learn what to expect if you’ve been charged with shoplifting.

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	If your case is diverted, the court won’t sentence you. Instead, you report to a probation office and follow a program set out for you. The program may include community service work or writing letters of apology. If you complete the diversion program, the criminal charge is '''stayed''' (meaning the prosecutor won’t go ahead with the charge against you). This means you won’t get a criminal record.		If your case is diverted, the court won’t sentence you. Instead, you report to a probation office and follow a program set out for you. The program may include community service work or writing letters of apology. If you complete the diversion program, the criminal charge is '''stayed''' (meaning the prosecutor won’t go ahead with the charge against you). This means you won’t get a criminal record.
	Learn more about diversion in our information on [[Pleading Guilty to a Criminal Charge (~~Script~~ 212)\|pleading guilty to a criminal charge (no. 212)]].		Learn more about diversion in our information on [[Pleading Guilty to a Criminal Charge (No. 212)\|pleading guilty to a criminal charge (no. 212)]].

	===If you decide to plead “not guilty”===		===If you decide to plead “not guilty”===
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	You and the prosecutor then summarize your positions by making '''submissions''' to the court.		You and the prosecutor then summarize your positions by making '''submissions''' to the court.

	For more on the process, see our information on [[Defending Yourself Against a Criminal Charge (~~Script~~ 211)\|defending yourself against a criminal charge (no. 211)]].		For more on the process, see our information on [[Defending Yourself Against a Criminal Charge (No. 211)\|defending yourself against a criminal charge (no. 211)]].

	===If you are convicted of shoplifting===		===If you are convicted of shoplifting===
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	If you are convicted or discharged, you must also pay a '''victim surcharge'''. The surcharge is 30% of any fine you got, or if you didn’t get a fine, $100 for a summary (minor) offence. If you do not have money to pay the surcharge, you can ask the judge to find you '''in default'''. The judge can then give you a one-day jail sentence. But you may not have to go to jail, as the judge can find that the time you are in court counts as the day in jail.		If you are convicted or discharged, you must also pay a '''victim surcharge'''. The surcharge is 30% of any fine you got, or if you didn’t get a fine, $100 for a summary (minor) offence. If you do not have money to pay the surcharge, you can ask the judge to find you '''in default'''. The judge can then give you a one-day jail sentence. But you may not have to go to jail, as the judge can find that the time you are in court counts as the day in jail.

	For more on possible sentences, see our information on [[Conditional Sentences, Probation and Discharges (~~Script~~ 203)\|conditional sentences, probation, and discharges (no. 203)]].		For more on possible sentences, see our information on [[Conditional Sentences, Probation, and Discharges (No. 203)\|conditional sentences, probation, and discharges (no. 203)]].

	{\| class="wikitable"		{\| class="wikitable"
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	:Web: [https://legalaid.bc.ca/publications/subject.php?sub=9 legalaid.bc.ca]		:Web: [https://legalaid.bc.ca/publications/subject.php?sub=9 legalaid.bc.ca]



	~~[updated July 2017]~~

	'''The above was last reviewed for legal accuracy by [http://www.vancitydefence.com/our-people/jordan-allingham/ Jordan Allingham], Ferguson Allingham, and [https://www.paulbriggslawyer.com/blank-3 Paul Briggs], Paul Briggs Law.'''

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	{{Dial-A-Law Copyright}}		{{Dial-A-Law Copyright}}

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Drew Jackson: Drew Jackson moved page Shoplifting (Script 202) to Shoplifting (No. 202): align with new Dial-A-Law website

2019-03-22T16:03:00Z

Drew Jackson moved page Shoplifting (Script 202) to Shoplifting (No. 202): align with new Dial-A-Law website

← Older revision		Revision as of 16:03, 22 March 2019
(No difference)

Dial-A-Law: /* If you are convicted of shoplifting */

2019-02-10T22:16:56Z

If you are convicted of shoplifting

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	===If you are convicted of shoplifting===		===If you are convicted of shoplifting===
	If a judge '''convicts''' you, the penalties for shoplifting can include one or more of the following things:		If a judge '''convicts''' you, the penalties for shoplifting can include one or more of the following things:
	*A '''discharge'''. The judge finds you guilty, but then discharges you instead of convicting you. Your discharge can be '''absolute''' (you won’t get a criminal record) or '''conditional''' (you won’t get a criminal record if you meet conditions the judge sets).		*'''A discharge'''. The judge finds you guilty, but then discharges you instead of convicting you. Your discharge can be '''absolute''' (you won’t get a criminal record) or '''conditional''' (you won’t get a criminal record if you meet conditions the judge sets).
	*'''A suspended sentence'''. The judge convicts you but suspends sentencing you, and instead releases you on conditions set out in a '''probation order'''.		*'''A suspended sentence'''. The judge convicts you but suspends sentencing you, and instead releases you on conditions set out in a '''probation order'''.
	*'''A conditional sentence'''. The judge gives you a jail term, but allows you to serve it in the community as long as you follow certain conditions.		*'''A conditional sentence'''. The judge gives you a jail term, but allows you to serve it in the community as long as you follow certain conditions.
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	If it is your first offence and the value of the item is small, ask the judge for a '''discharge'''. A discharge allows you to avoid getting a '''criminal record''', which can prevent you from traveling to other countries, getting certain jobs, and applying for citizenship.		If it is your first offence and the value of the item is small, ask the judge for a '''discharge'''. A discharge allows you to avoid getting a '''criminal record''', which can prevent you from traveling to other countries, getting certain jobs, and applying for citizenship.
	\|}		\|}

	===If you receive a shoplifting notice or letter===		===If you receive a shoplifting notice or letter===
	Shoplifting is a civil offence as well as a crime. Stores are open to the public, but they are also private businesses. Store owners can stop anyone they want from entering their store (as long as they don’t violate the BC ''Human Rights Code''). For example, a store owner can prohibit people who have stolen from the store from entering the store again.		Shoplifting is a civil offence as well as a crime. Stores are open to the public, but they are also private businesses. Store owners can stop anyone they want from entering their store (as long as they don’t violate the BC ''Human Rights Code''). For example, a store owner can prohibit people who have stolen from the store from entering the store again.

Dial-A-Law: /* Through diversion, you can avoid a criminal record */

2019-02-10T22:15:49Z

Through diversion, you can avoid a criminal record

← Older revision		Revision as of 22:15, 10 February 2019
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	If your case is diverted, the court won’t sentence you. Instead, you report to a probation office and follow a program set out for you. The program may include community service work or writing letters of apology. If you complete the diversion program, the criminal charge is '''stayed''' (meaning the prosecutor won’t go ahead with the charge against you). This means you won’t get a criminal record.		If your case is diverted, the court won’t sentence you. Instead, you report to a probation office and follow a program set out for you. The program may include community service work or writing letters of apology. If you complete the diversion program, the criminal charge is '''stayed''' (meaning the prosecutor won’t go ahead with the charge against you). This means you won’t get a criminal record.
	Learn more about diversion in our information on ~~]]{{•}}~~ [[Pleading Guilty to a Criminal Charge (Script 212)\|pleading guilty to a criminal charge (no. 212)]].		Learn more about diversion in our information on [[Pleading Guilty to a Criminal Charge (Script 212)\|pleading guilty to a criminal charge (no. 212)]].

	===If you decide to plead “not guilty”===		===If you decide to plead “not guilty”===

Dial-A-Law at 22:14, 10 February 2019

2019-02-10T22:14:52Z

Show changes

Dial-A-Law: /* Help for women */

2017-07-19T00:00:31Z

Help for women

← Older revision		Revision as of 00:00, 19 July 2017
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	[updated July 2017]		[updated July 2017]

	'''The above was last reviewed for accuracy by Jordan Allingham and Paul Briggs, and edited by John Blois.'''		'''The above was last reviewed for accuracy by Jordan Allingham and Paul Briggs, and edited by John Blois.'''

Dial-A-Law at 23:58, 18 July 2017

2017-07-18T23:58:20Z

← Older revision		Revision as of 23:58, 18 July 2017
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	==What must the prosecutor prove to convict you? What can you do?==		==What must the prosecutor prove to convict you? What can you do?==
	In court, the prosecutor, also called the ~~Crown Counsel (Crown~~), must prove beyond a reasonable doubt where and when the shoplifting happened. The ~~Crown~~ must also prove that you:		In court, the prosecutor, (also called the crown counsel or crown), must prove beyond a reasonable doubt where and when the shoplifting happened. The prosecutor must also prove that you:

	*are the person who committed the crime,		*are the person who committed the crime,
	*intended to take the item without paying for it, and		*intended to take the item without paying for it, and
	*took the item, or tried to take it.		*took the item, or tried to take it.

	If the ~~Crown~~ proves all these things, the judge will convict you. To prove them, the ~~Crown~~ will have witnesses – normally the store security officer and the police officer that arrested you – tell the court (or testify) about what they saw you do. They testify under oath, which means they promise to tell the truth. You can question, or cross-examine, each witness.		If the prosecutor proves all these things, the judge will convict you. To prove them, the prosecutor will have witnesses – normally the store security officer and the police officer that arrested you – tell the court (or testify) about what they saw you do. They testify under oath, which means they promise to tell the truth. You can question, or cross-examine, each witness.

	After the ~~Crown~~ finishes, you – and your witnesses, if you have any – can tell the court what happened. To do this, you ~~have to~~ take an oath promising to tell the truth, and then give evidence as a witness. For example, perhaps you paid for the item and the store security officer didn’t see you pay. In that case, you could show the court your receipt. Or perhaps you got distracted and forgot you had the item when you left the store. If you have any witnesses who saw what happened and who can support your story, you can call them to testify, or give evidence. They ~~also have to~~ promise to tell the truth. You then question them about what they know. When you and your witnesses finish giving evidence, the ~~Crown~~ can question, or cross-examine, you and them.		After the prosecutor finishes, you – and your witnesses, if you have any – can tell the court what happened. To do this, you must take an oath promising to tell the truth, and then give evidence as a witness. For example, perhaps you paid for the item and the store security officer didn’t see you pay. In that case, you could show the court your receipt. Or perhaps you got distracted and forgot you had the item when you left the store. If you have any witnesses who saw what happened and who can support your story, you can call them to testify, or give evidence. They must promise to tell the truth. You then question them about what they know. When you and your witnesses finish giving evidence, the prosecutor can question, or cross-examine, you and them.

	Lastly, you and the ~~Crown~~ summarize your positions by making ~~“submissions”~~ to the court. For more information, check script [[Defending Yourself Against a Criminal Charge (Script 211)\|211]], called “Defending Yourself ~~Against~~ a Criminal Charge”, and script [[Pleading Guilty to a Criminal Charge (Script 212)\|212]], called “Pleading Guilty to a Criminal Charge”.		Lastly, you and the prosecutor summarize your positions by making submissions to the court. For more information, check script [[Defending Yourself Against a Criminal Charge (Script 211)\|211]], called “Defending Yourself against a Criminal Charge”, and script [[Pleading Guilty to a Criminal Charge (Script 212)\|212]], called “Pleading Guilty to a Criminal Charge”.

	==What are the penalties?==		==What are the penalties?==
	If a judge convicts you, penalties for this offence can include one or more of the following things:		If a judge convicts you, penalties for this offence can include one or more of the following things:
	*Probation (you ~~have to~~ follow certain conditions for a set time).
	*An absolute or conditional discharge – a penalty that gives first offenders a second chance with probation-like conditions.		*Probation (you must follow certain conditions for a set time).
	*Diversion or alternative measures (you can avoid a record – if it’s your first offence, you admit the offence, and you pay your debt to the community by, for example, doing community service for ~~a number of~~ hours or writing letters of apology or both). ~~In certain circumstances~~, the ~~Crown may~~ stay or drop the charge.		*An absolute or conditional discharge – a penalty that gives first offenders a second chance with probation-like conditions. You don’t get a criminal record.
	*Restitution (you ~~have to~~ pay for the item).		*Diversion or alternative measures (you can avoid a record – if it’s your first offence, you admit the offence, and you pay your debt to the community by, for example, doing community service for several hours or writing letters of apology, or both). If you successfully complete the community service, the prosecutor will stay, or drop, the charge.
	*A fine, plus an automatic victim surcharge~~; you~~ can ask the judge to ~~waive~~ the surcharge if you ~~have no money~~.		*Restitution (you must pay for the item).
			*A fine, plus an automatic victim surcharge. You can ask the judge to find you in default of the surcharge if you cannot pay it. Then the judge can sentence you to one day in jail instead of the surcharge. But you don’t actually go to jail. Instead, the time you are in court counts as the day in jail.
	*A conditional sentence – like a jail term, but you serve it in the community with probation-like conditions.		*A conditional sentence – like a jail term, but you serve it in the community with probation-like conditions.
	*A jail term.		*A jail term.
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	For details on penalties, check script [[Conditional Sentences, Probation and Discharges (Script 203)\|203]], called “Conditional Sentences, Probation and Discharges”.		For details on penalties, check script [[Conditional Sentences, Probation and Discharges (Script 203)\|203]], called “Conditional Sentences, Probation and Discharges”.

	Under Section 334(b) of the ''Criminal Code'', for a theft where the value does not exceed $5,000, the maximum fine is $2000, and the maximum jail term is 2 years. As well, you ~~have to~~ pay a victim surcharge, ~~which~~ is 15% of ~~your~~ fine ~~(if you get a fine) or $50 –~~ or a higher amount if the judge orders it. If the item is worth $5000 or more, the fine, jail term and victim surcharge are higher. The ''Criminal Code'' is available at [http://laws.justice.gc.ca laws.justice.gc.ca]. Click on “English” and then on “''Criminal Code''”.		Under [http://laws-lois.justice.gc.ca/eng/acts/C-46/page-76.html#docCont Section 334(b)] of the ''[http://laws-lois.justice.gc.ca/eng/acts/C-46/FullText.html Criminal Code]'', for a theft where the value does not exceed $5,000, the maximum fine is $2000, and the maximum jail term is 2 years. As well, you must pay a victim fine surcharge. For summary offences, the surcharge is $100; for indictable offences, it’s $200. If your sentence includes a fine, you must pay another 15% of the fine, or a higher amount if the judge orders it.

	For a first conviction, a judge will usually ~~fine you several hundred dollars and~~ put you on probation that forbids you from going back to the same store for a year.		For a first conviction, a judge will usually put you on a form of probation (a conditional discharge or a suspended sentence) that forbids you from going back to the same store for a year. The judge may also fine you several hundred dollars.

	You may also get a criminal record. That can prevent you from traveling to other countries, getting certain jobs, being bonded (which some jobs require), and applying for citizenship. Check script [[Criminal Records and Applying for a Record Suspension (Script 205)\|205]], called “Criminal Records and Applying for a Record Suspension”, for more information.		You may also get a criminal record. That can prevent you from traveling to other countries, getting certain jobs, being bonded (which some jobs require), and applying for citizenship. Check script [[Criminal Records and Applying for a Record Suspension (Script 205)\|205]], called “Criminal Records and Applying for a Record Suspension”, for more information.

	If it is your first offence and the value of the item is small, ask the judge for a discharge or ask the ~~Crown~~ for diversion (or alternative measures). If you meet the conditions of the discharge or if you complete the alternative measures, you will not get a criminal record. For more on discharges, check script [[Conditional Sentences, Probation and Discharges (Script 203)\|203]], called “Conditional Sentences, Probation and Discharges”. For more on diversion, check script [[Pleading Guilty to a Criminal Charge (Script 212)\|212]], called “Pleading Guilty to a Criminal Charge”.		If it is your first offence and the value of the item is small, ask the judge for a discharge or ask the prosecutor for diversion (or alternative measures). If you meet the conditions of the discharge or if you complete the alternative measures, you will not get a criminal record. For more on discharges, check script [[Conditional Sentences, Probation and Discharges (Script 203)\|203]], called “Conditional Sentences, Probation and Discharges”. For more on diversion, check script [[Pleading Guilty to a Criminal Charge (Script 212)\|212]], called “Pleading Guilty to a Criminal Charge”.

	The legal issues for this offense can be complex and a conviction can seriously harm you. If you are charged with this offense, you should talk to a lawyer.		The legal issues for this offense can be complex and a conviction can seriously harm you. If you are charged with this offense, you should talk to a lawyer.

	==Shoplifting and scary notices==		==Shoplifting and alarming, or scary, notices==
	Shoplifting is a civil offense—as well as a crime. Stores are normally open to the public, but they are also private places. Store owners can stop anyone they want from entering their store (as long as they don’t violate the BC ''Human Rights Code''). For example, a store owner can stop people who have stolen from the store from entering the store again.		Shoplifting is a civil offense—as well as a crime. Stores are normally open to the public, but they are also private places. Store owners can stop anyone they want from entering their store (as long as they don’t violate the BC ''Human Rights Code''). For example, a store owner can stop people who have stolen from the store from entering the store again.

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	Store security may also give you a “Notice of Intended Legal Action”. It will say that the store will sue you for various expenses. You may also get a demand letter in the mail. Sometimes this comes after criminal court case is finished. The letter will demand that you pay a certain amount, about $500, for the store’s investigative and administrative costs.		Store security may also give you a “Notice of Intended Legal Action”. It will say that the store will sue you for various expenses. You may also get a demand letter in the mail. Sometimes this comes after criminal court case is finished. The letter will demand that you pay a certain amount, about $500, for the store’s investigative and administrative costs.

	A store can sue a shoplifter, but the amount of money a court would order in most cases is so low that it would almost never make sense to sue. It would cost the store much more to sue than what it could recover. So you can normally ignore these notices and demand letters. Whether you pay the amount the store demands does not affect whether the ~~Crown~~ charges you with shoplifting. Nor does your payment normally affect the sentence (penalty) a judge could give you, though a judge could consider it.		A store can sue a shoplifter, but the amount of money a court would order in most cases is so low that it would almost never make sense to sue. It would cost the store much more to sue than what it could recover. So you can normally ignore these notices and demand letters. Whether you pay the amount the store demands does not affect whether the prosecutor charges you with shoplifting. Nor does your payment normally affect the sentence (penalty) a judge could give you, though a judge could consider it.

	==Help for women==		==Help for women==
	The Elizabeth Fry Society has counselors to meet with women in a confidential session to assess what is best for them. Individual sessions, group therapy, and workshops are available. The counselor can also provide written reports for courts. In the lower mainland, call 604.520.1166 and elsewhere in BC, call 1.888.879.9593~~. The Society’s website is [http://www.elizabethfry.com www.elizabethfry.com]~~. Other services it offers are volunteer support, information seminars, and referral services. Some services are free; others have a fee on a sliding scale.		The [http://www.elizabethfry.com/ Elizabeth Fry Society] has counselors to meet with women in a confidential session to assess what is best for them. Individual sessions, group therapy, and workshops are available. The counselor can also provide written reports for courts. In the lower mainland, call 604.520.1166 and elsewhere in BC, call 1.888.879.9593. Other services it offers are volunteer support, information seminars, and referral services. Some services are free; others have a fee on a sliding scale.


	~~[updated March 2015]~~

			[updated July 2017]
			'''The above was last reviewed for accuracy by Jordan Allingham and Paul Briggs, and edited by John Blois.'''

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