Shoplifting:

Shoplifting and Property Offence Charges

Shoplifting is one of several offences that fall within the broader category of property and theft offences.  Depending on the allegations, related charges may include theft under $5,000, possession of property obtained by crime, fraud, trespassing, failure to comply, or other Criminal Code offences.

Each offence has its own legal definition, evidence requirements, possible penalties, and potential defences.  For a broader overview of related offences, visit the Property & Theft Offences page.

Theft Offences

Shoplifting is commonly treated as a theft-related allegation.  Theft allegations can involve retail merchandise, money, electronics, tools, personal property, business property, or other items of value.

For a broader overview of theft-related criminal allegations, visit the Theft Offences page.

Important Things to Know About Shoplifting Charges

• Shoplifting is commonly prosecuted as theft under $5,000.
• The allegation may involve merchandise, self-checkout, price tags, receipts, bags, carts, or store exits.
• The Crown prosecutor must prove the charge beyond a reasonable doubt.
• A conviction may result in a criminal record.
• Store security, loss-prevention officers, surveillance footage, receipts, and witness statements may become important evidence.
• Restitution may be requested where financial loss is alleged.
• Possible defences depend on the facts, evidence, identity, intent, mistake, and surrounding circumstances.

What Is Shoplifting?

Shoplifting generally refers to a theft allegation involving retail merchandise from a store or commercial business.  It is not usually a separate Criminal Code offence.  Instead, shoplifting is commonly charged as theft under $5,000.

Shoplifting allegations may involve concealing merchandise, leaving a store without paying, switching price tags, failing to scan items, under-scanning items, placing items in a bag, or attempting to leave the store with unpaid merchandise.

The seriousness of the allegation depends on the facts, the value of the merchandise, the evidence, the accused person's history, and the Crown's position.

Criminal Code Section

Shoplifting allegations are commonly prosecuted under the theft provisions of the Criminal Code of Canada.

• Section 322 – Theft
• Section 334(b) – Theft Not Exceeding $5,000

Where the merchandise is valued under $5,000, the charge is commonly treated as theft under $5,000.

What Must the Crown Prove?

In every shoplifting case, the Crown prosecutor must prove the charge beyond a reasonable doubt.

Depending on the allegations, the Crown may need to prove:

• The identity of the accused person
• That merchandise or property was taken, concealed, moved, converted, or dealt with
• That the merchandise or property belonged to the store or business
• That the accused person acted without lawful authority
• That the accused person intended to deprive the owner of the property
• That the value of the property was under $5,000, where theft under $5,000 is alleged
• That the conduct meets the legal definition of theft
• That no legal defence creates a reasonable doubt

If the Crown cannot prove every required element beyond a reasonable doubt, the accused person cannot be found guilty.

Common Shoplifting Allegations

Shoplifting charges may arise from many different situations, including:

• Leaving a store without paying for merchandise
• Concealing items in clothing, bags, purses, backpacks, carts, or strollers
• Failing to scan items at self-checkout
• Under-scanning items at self-checkout
• Switching price tags or labels
• Returning items in a way alleged to be dishonest
• Walking past the point of sale with unpaid items
• Disputes involving receipts or payment
• Allegations involving multiple people
• Incidents involving store security or loss-prevention officers

The facts, surveillance footage, receipts, payment records, store reports, witness statements, and surrounding circumstances often become important issues in shoplifting cases.

Self-Checkout Shoplifting Allegations

Some shoplifting allegations involve self-checkout machines.  These cases may involve allegations that items were not scanned, were scanned incorrectly, were placed in bags without payment, or were entered as lower-priced items.

Self-checkout cases may involve issues of mistake, confusion, distraction, scanning errors, payment problems, store layout, or lack of intent.

Evidence may include surveillance footage, transaction records, receipts, store reports, and witness statements from employees or loss-prevention staff.

Possible Penalties for Shoplifting

The possible penalties depend on the value of the merchandise, the facts of the case, the accused person's history, the Crown's position, and the outcome reached in court.

• Criminal record
• Probation
• Restitution orders
• Fines
• Community service
• Counselling or treatment requirements
• Store non-attendance conditions
• Travel restrictions
• Immigration consequences
• Employment and licensing consequences
• Imprisonment in some circumstances

Even a first-time shoplifting charge can create serious personal, employment, travel, and immigration concerns.

Store Bans and Non-Attendance Conditions

Shoplifting allegations may involve store bans, trespass notices, or court conditions prohibiting attendance at a store, mall, or business location.

If a release condition or court order prohibits attendance at a specific location, that condition must be followed unless it is changed by the court.

Breaching a condition can lead to new criminal charges and may make the original case more difficult to resolve.

Related Property & Theft Offence Charges

Some shoplifting allegations may overlap with other property-related charges depending on the facts, value of the property, whether fraud is alleged, whether store bans are involved, or whether other property is alleged to have been possessed.

• Theft Offences – overview of theft-related criminal charges
• Theft Under $5,000 – allegations involving property valued under $5,000
• Theft Over $5,000 – allegations involving property valued over $5,000
• Possession of Property Obtained by Crime – allegations involving property believed to be obtained through criminal activity
• Fraud Under $5,000 – allegations involving fraudulent conduct under $5,000
• Trespassing – allegations involving entry or attendance on property without lawful authority
• Mischief / Vandalism – allegations involving property damage or interference with property
• Robbery – allegations involving theft combined with violence, threats, force, or intimidation

Additional information about these offences can be found on the Property & Theft Offences page.

Possible Legal Defences to Shoplifting

A defence to a shoplifting charge depends on the specific facts, evidence, disclosure, and legal issues involved.  Not every defence applies to every case.

Possible issues may include:

• The accused person did not take or conceal the merchandise
• The accused person was wrongly identified
• The accused person paid for the merchandise
• The accused person forgot to pay and did not intend to steal
• The accused person made an honest mistake at self-checkout
• The accused person believed they had permission or lawful authority
• The value of the property is disputed
• The evidence does not prove the charge beyond a reasonable doubt
• Store security evidence is incomplete or unreliable
• Surveillance footage does not support the allegation
• The allegation is mistaken, incomplete, or exaggerated
• Police or store security may have breached legal rights
• There may have been an unlawful search, seizure, detention, arrest, or statement issue

The best defence strategy depends on the evidence, disclosure, circumstances, and the accused person's goals.

Court Process for Shoplifting Charges

The court process can vary depending on the circumstances.  Many shoplifting cases involve:

1. Store security or loss-prevention investigation
2. Police involvement or charge being laid
3. Release from custody or release paperwork
4. Release conditions or store non-attendance conditions
5. First court appearance
6. Review of disclosure
7. Review of surveillance footage, receipts, transaction records, store reports, or witness statements
8. Crown screening and resolution discussions
9. Restitution or return-of-property discussions, where applicable
10. Trial preparation
11. Trial or negotiated resolution
12. Sentencing, if applicable

Understanding each step can help you avoid missed court dates and make informed decisions throughout the court process.

Shoplifting Charges Should Be Taken Seriously

A shoplifting charge can affect more than the immediate court case.  It may affect a person's criminal record, employment, travel, immigration status, professional licensing, and future opportunities.

Reviewing disclosure, understanding the allegations, and considering available legal options early can help a person make informed decisions throughout the court process.

Every shoplifting case depends on the specific facts, evidence, value of property, intent, and surrounding circumstances.

Frequently Asked Questions About Shoplifting Charges

Is shoplifting a criminal offence?

Shoplifting is commonly prosecuted as theft under $5,000 under the Criminal Code of Canada.

Can I get a criminal record for shoplifting?

A conviction may result in a criminal record and other long-term consequences.

What if I forgot to pay?

Intent is an important issue.  The Crown must prove that the accused person intended to deprive the owner of the property beyond a reasonable doubt.

What if the self-checkout machine made an error?

Self-checkout errors, scanning problems, payment issues, or honest mistakes may be relevant depending on the facts and evidence.

Can shoplifting charges be withdrawn?

In some circumstances, charges may be withdrawn if the evidence does not support prosecution or another resolution is appropriate.

Can I go back to the store?

This depends on whether there is a store ban, trespass notice, release condition, or court order.  If a condition prohibits attendance, it must be followed unless changed by the court.

Can shoplifting affect employment?

A charge or conviction may affect employment opportunities, professional licensing, background checks, security clearance, or future opportunities.

Can shoplifting affect immigration status?

For non-citizens, criminal charges and convictions may have immigration consequences and should be reviewed carefully.

What should I bring to a legal consultation?

Bring any police paperwork, court documents, release documents, disclosure, receipts, payment records, photographs, videos, witness information, store paperwork, and records connected to the allegation.

Don't See Your Charge Listed?

The charges discussed on this website cover many common property and theft offence allegations, but they do not cover every possible charge under the Criminal Code of Canada.

If you have been charged with an offence that is not listed, are facing multiple charges, have received a summons, appearance notice, undertaking, release order, probation order, or court date, contact Marketing.Legal™ for information about your situation.

Understanding your legal rights and options early can help you make informed decisions and avoid unnecessary complications.

Key Takeaways

• Shoplifting is commonly prosecuted as theft under $5,000.
• Shoplifting allegations may involve retail merchandise, self-checkout, receipts, surveillance footage, or store security evidence.
• The Crown prosecutor must prove the charge beyond a reasonable doubt.
• Intent is often an important issue in shoplifting cases.
• A conviction may result in a criminal record, restitution, probation, fines, employment consequences, immigration consequences, or imprisonment.
• Possible defences depend on the facts, evidence, intent, identification, store records, and surrounding circumstances.
• Shoplifting is part of a broader group of property and theft offences.

Conclusion

Shoplifting charges can arise from many different situations, including allegations involving unpaid merchandise, concealed items, self-checkout errors, price tag issues, or disputes about whether payment was made.

Because these cases often depend on intent, identity, surveillance footage, receipts, witness statements, store security reports, and disclosure, careful review of the evidence is important.

Understanding the allegation, reviewing disclosure, and considering available defence options can help a person make informed decisions throughout the criminal court process.