Theft
If you have been charged with theft, it might be your first encounter with the criminal justice system.
Our Theft Solicitors will guide you through police interviews, bail, and court appearances.
With us on your side, you will feel assured and confident that you are backed by one of the most skilled criminal law teams not just in Nuneaton and Warwickshire but throughout the Midlands and the UK.
Operating from our city centre offices in Nuneaton, we are a diverse, multi-lingual law firm leveraging top-tier technology to deliver efficient, modern, and effective criminal defence. Our extensive experience in criminal law has fostered relationships with the UK’s leading Barristers and King’s Counsel. Additionally, we can engage the nation’s most respected expert witnesses to provide crucial evidence that supports a not guilty plea or mitigates a sentence imposed by a judge.
Advising and Representing People Accused of Criminal Offences
We are highly recommended as a specialist criminal defence law firm for those accused of crimes. We offer 24/7 police station representation, ensuring we are there to safeguard your interests from the outset. Our thorough understanding of police procedures enables us to scrutinise the circumstances of your detention and seek to have charges dropped if proper protocols were not followed.
Our criminal law team possesses extensive experience in defending serious charges, including theft. We work with top expert witnesses across the country and are committed to providing reliable advice and representation. We recognise that your reputation, freedom, and financial security are at stake, and we persist until every possible appeal has been pursued.
Common Questions About Theft
What is theft?
Theft, robbery, and burglary are distinct offences. Theft involves dishonestly taking someone else’s property with the intent to permanently deprive them of it. An example is shoplifting, where the act deprives the store owner of items they own until sold.
Robbery involves stealing with an element of violence, such as threatening someone with a knife to take their wallet. Burglary entails entering a building as a trespasser with the intent to steal, inflict grievous bodily harm, or cause unlawful damage, or doing so after having entered the building.
What are the defences to a charge of theft?
According to Section 2 of the Theft Act 1968, a person has not dishonestly taken another’s property if:
- They have a legal right to the property; or
- The owner would consent to them taking it if aware; or
- Despite reasonable efforts, they could not find the property’s owner.
The Prosecution must prove dishonesty, which can be complex. The Supreme Court in Ivey v Genting Casinos [2018] AC 391 clarified the test for determining dishonesty:
“…the fact-finding tribunal must first ascertain (subjectively) the individual’s actual knowledge or belief as to the facts. The reasonableness of their belief is evidence (often determinative) of whether they held that belief, but it is not necessary for the belief to be reasonable; it must simply be genuinely held. Once established, the tribunal must decide whether the conduct was dishonest by the standards of ordinary decent people.”
What is the sentence if I am convicted of theft?
Theft can be tried in both the Crown Court and the Magistrates’ Court. The Crown Court can impose a maximum penalty of seven years imprisonment and/or an unlimited fine. In the Magistrates’ Court, the maximum penalty is six months imprisonment and/or an unlimited fine.
Low-value shoplifting is a summary offence, with a maximum custodial sentence of six months.
Why Choose Us?
No matter the charges, you have the right to a criminal defence. We do not judge our clients; our sole aim is to defend you against the Prosecution’s allegations. Instructing us enhances your chances of acquittal or a reduced sentence. It is crucial to contact us as soon as you become aware of the criminal charges against you.
Cocks Lloyd Solicitors provides exceptional Theft and Criminal Law services to clients. People choose and recommend us not just in Nuneaton, Tamworth, Atherstone, Hinckley and Leicester, but across Warwickshire, Staffordshire, Leicestershire and the West Midlands, and the whole of the UK, because we get results.
To receive expert advice and representation regarding Theft and Criminal Law, please contact us using the form below, call us on (0247) 6641642, email via the Request a Callback form on this contact page.