Difference between revisions of "Shoplifting"

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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}}
'''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.


==What is shoplifting?==
==What you should know==
Shoplifting is stealing something from a store. You shoplift if you intend to take something that doesn’t belong to you from a store without paying for it, and you do so, or try to.


If you do that, the store security officer may stop you and call the police. You may be arrested and taken to the police station to be searched, fingerprinted, and photographed. The police will give you a date when you must go to court.
===Shoplifting is a criminal offence===
'''Shoplifting''' is stealing (or trying to steal) something from a store. You shoplift if you intend to take something that doesn’t belong to you from a store without paying for it, and you do so (or try to). Shoplifting is a criminal offence.


==What must the prosecutor prove to convict you? What can you do?==
If you shoplift, a store security officer may stop you and call the police. You may be arrested and charged with a crime.
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:
*are the person who committed the crime,
*intended to take the item without paying for it, and
*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.
The actual '''criminal charge''' depends on the value of what you stole. If it’s $5,000 or less, the charge is “theft under $5,000." If the value is over $5,000, the charge is “theft over $5,000.


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.
In responding to the charge against you, you must decide how to '''plead'''. Pleading guilty means you accept responsibility for the crime. Pleading not guilty means the court will set a trial.


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”.
If you plead guilty or you are convicted at trial, a judge will penalize ('''sentence''') you. You may be put on probation or have to pay a fine (among various possibilities). You could get a criminal record.


==What are the penalties?==
===Through diversion, you can avoid a criminal record===
If a judge convicts you, penalties for this offence can include one or more of the following things:
If it is your first offence and the value of the item is small, you might be able to avoid a criminal record. Your case may be eligible to be dealt with through '''alternative measures''' (also called '''diversion''') if:
*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.
*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.
*Restitution (you have to pay for the item).
*A fine, plus an automatic victim surcharge; you can ask the judge to waive the surcharge if you have no money.
*A conditional sentence – like a jail term, but you serve it in the community with probation-like conditions.
*A jail term.


For details on penalties, check script [[Conditional Sentences, Probation and Discharges (Script 203)|203]], called “Conditional Sentences, Probation and Discharges”.
* you have no criminal history,
* you accept responsibility for the crime, and
* you feel sorry about what you’ve done.


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''.
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.


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.
Learn more about diversion [[Pleading Guilty to a Criminal Charge|in our information on pleading guilty to a criminal charge]].


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 you decide to plead not guilty===
If you plead not guilty to the charge, the court will set a date for your '''trial'''.


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”.
At the trial, the '''prosecutor''' (also called Crown counsel), must prove you are guilty of the offence beyond a reasonable doubt. The prosecutor must prove where and when the shoplifting happened. The prosecutor must also prove that you:


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.
* are the person who committed the crime,
* intended to take the item without paying for it, and
* took the item, or tried to take it. If the prosecutor proves all these things, the judge will convict you.


==Help for women==
To prove the charge, the prosecutor will have witnesses — normally the store security officer and the police officer that arrested you — tell the court ('''testify''') about what they saw. The witnesses must testify under oath, which means they promise to tell the truth. You can question each witness. This is called '''cross-examining''' the witness.
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.


After the prosecutor finishes, you have the opportunity to tell the court what happened. To do this, you might testify (give evidence) yourself. You don’t have to. But it may help you make your case. Let’s say you paid for the item and the store security officer didn’t see you pay. In giving your evidence, you could show the court your receipt. Or perhaps you got distracted and forgot you had the item when you left the store. You could explain this to the judge. When you finish giving evidence, the prosecutor can question (cross-examine) you.


[updated January 2014]
If you have any '''witnesses''' who saw what happened and who can support your story, you can call them to testify. You ask them questions so they can tell what they know. When your witnesses finish giving evidence, the prosecutor can cross-examine them.


You and the prosecutor then summarize your positions by making '''submissions''' to the court.


----
For more on the process, [[Defending Yourself Against a Criminal Charge|see our information on defending yourself against a criminal charge]].
----


===If you are convicted of shoplifting===
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 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 fine'''. The judge sets an amount of money you must pay to the court.
* '''A restitution order'''. The judge orders you to pay for the item you stole.
* '''A jail term'''. The maximum jail term for theft under $5,000 is two years.
For a first shoplifting 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.
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, [https://dialalaw.peopleslawschool.ca/conditional-sentences-probation-and-discharges/ see our information on conditional sentences, probation, and discharges].
{| class="wikitable"
|align="left"|'''Tip'''
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 travelling to other countries, getting certain jobs, and applying for citizenship.
|}
===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.
If store security catches you shoplifting, they may give you a '''notice prohibiting entry''', and make you sign this notice. Then they will release you. They may also tell the police what happened.
The notice typically says you cannot enter the store for a certain time (usually a year). It warns that if you do enter the store, you may be arrested without warrant, charged with an offence, and fined under the ''Trespass Act''. That’s not likely to actually happen. Typically, security will just stop you from entering the store or remove you from the store. Still, if you get this type of notice, you should stay away from the store for the time the notice says.
Store security may also give you a '''notice of intended legal action'''. It might say the store will sue you for various expenses. You may also get a demand letter in the mail, saying you must pay a certain amount, perhaps $500, for the store’s investigative and administrative costs. Sometimes this comes after the criminal court case is finished.
A store can also '''sue''' a shoplifter, but the amount of money a court would order in most cases is so low it would almost never make sense for a store to sue. It would cost the store more to sue than it could recover.
You can normally ignore these notices and demand letters. However, whether or not you pay the amount the store demands does not affect whether the prosecutor charges you with shoplifting. Payment may also not affect your sentence (penalty) upon being convicted of a criminal charge, although a judge could consider it.
==Who can help==
===Help for women===
The '''Elizabeth Fry Society''' has counsellors who can help women with support, education and referrals. Counsellors can also provide written reports for courts.
* Call 604-520-1166 (Lower Mainland) or 1-888-879-9593 (toll-free)
* [https://www.elizabethfry.com/ Visit website]
===More information===
'''Legal Services Society''', the legal aid provider in BC, has publications on how to defend yourself on shoplifting charges and how to represent yourself in a criminal trial.
* [https://legalaid.bc.ca/publications/subject.php?sub=9 Visit website]
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Latest revision as of 03:32, 16 September 2020

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by Jordan Allingham, Ferguson Allingham, and Paul Briggs, Paul Briggs Law in July 2017.

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.

What you should know

Shoplifting is a criminal offence

Shoplifting is stealing (or trying to steal) something from a store. You shoplift if you intend to take something that doesn’t belong to you from a store without paying for it, and you do so (or try to). Shoplifting is a criminal offence.

If you shoplift, a store security officer may stop you and call the police. You may be arrested and charged with a crime.

The actual criminal charge depends on the value of what you stole. If it’s $5,000 or less, the charge is “theft under $5,000." If the value is over $5,000, the charge is “theft over $5,000.”

In responding to the charge against you, you must decide how to plead. Pleading guilty means you accept responsibility for the crime. Pleading not guilty means the court will set a trial.

If you plead guilty or you are convicted at trial, a judge will penalize (sentence) you. You may be put on probation or have to pay a fine (among various possibilities). You could get a criminal record.

Through diversion, you can avoid a criminal record

If it is your first offence and the value of the item is small, you might be able to avoid a criminal record. Your case may be eligible to be dealt with through alternative measures (also called diversion) if:

  • you have no criminal history,
  • you accept responsibility for the crime, and
  • you feel sorry about what you’ve done.

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.

If you decide to plead not guilty

If you plead not guilty to the charge, the court will set a date for your trial.

At the trial, the prosecutor (also called Crown counsel), must prove you are guilty of the offence beyond a reasonable doubt. The prosecutor must prove where and when the shoplifting happened. The prosecutor must also prove that you:

  • are the person who committed the crime,
  • intended to take the item without paying for it, and
  • took the item, or tried to take it. If the prosecutor proves all these things, the judge will convict you.

To prove the charge, the prosecutor will have witnesses — normally the store security officer and the police officer that arrested you — tell the court (testify) about what they saw. The witnesses must testify under oath, which means they promise to tell the truth. You can question each witness. This is called cross-examining the witness.

After the prosecutor finishes, you have the opportunity to tell the court what happened. To do this, you might testify (give evidence) yourself. You don’t have to. But it may help you make your case. Let’s say you paid for the item and the store security officer didn’t see you pay. In giving your evidence, you could show the court your receipt. Or perhaps you got distracted and forgot you had the item when you left the store. You could explain this to the judge. When you finish giving evidence, the prosecutor can question (cross-examine) you.

If you have any witnesses who saw what happened and who can support your story, you can call them to testify. You ask them questions so they can tell what they know. When your witnesses finish giving evidence, the prosecutor can cross-examine them.

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.

If you are convicted of shoplifting

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 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 fine. The judge sets an amount of money you must pay to the court.
  • A restitution order. The judge orders you to pay for the item you stole.
  • A jail term. The maximum jail term for theft under $5,000 is two years.

For a first shoplifting 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.

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.

Tip

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 travelling to other countries, getting certain jobs, and applying for citizenship.

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.

If store security catches you shoplifting, they may give you a notice prohibiting entry, and make you sign this notice. Then they will release you. They may also tell the police what happened.

The notice typically says you cannot enter the store for a certain time (usually a year). It warns that if you do enter the store, you may be arrested without warrant, charged with an offence, and fined under the Trespass Act. That’s not likely to actually happen. Typically, security will just stop you from entering the store or remove you from the store. Still, if you get this type of notice, you should stay away from the store for the time the notice says.

Store security may also give you a notice of intended legal action. It might say the store will sue you for various expenses. You may also get a demand letter in the mail, saying you must pay a certain amount, perhaps $500, for the store’s investigative and administrative costs. Sometimes this comes after the criminal court case is finished.

A store can also sue a shoplifter, but the amount of money a court would order in most cases is so low it would almost never make sense for a store to sue. It would cost the store more to sue than it could recover.

You can normally ignore these notices and demand letters. However, whether or not you pay the amount the store demands does not affect whether the prosecutor charges you with shoplifting. Payment may also not affect your sentence (penalty) upon being convicted of a criminal charge, although a judge could consider it.

Who can help

Help for women

The Elizabeth Fry Society has counsellors who can help women with support, education and referrals. Counsellors can also provide written reports for courts.

  • Call 604-520-1166 (Lower Mainland) or 1-888-879-9593 (toll-free)
  • Visit website

More information

Legal Services Society, the legal aid provider in BC, has publications on how to defend yourself on shoplifting charges and how to represent yourself in a criminal trial.

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