While it’s often brushed off as a minor offence, shoplifting still carries real legal consequences under Queensland law, and it can follow you long after you leave the store. In this article, our Brisbane criminal lawyers explain how shoplifting is defined under the law, the penalties you could face, and what happens if you’re caught in Queensland.

What is Shoplifting?

Shoplifting, also known as ‘Unauthorised dealing with shop goods’, is the act of removing or taking an item valued at $150 or less that has not been paid for. The offence includes activities such as leaving a restaurant without settling the bill, taking an item of clothing from a store without paying for it, or deliberately altering the price of an item. In Queensland, this is classified as a regulatory offence, which means it is treated as a less serious criminal matter but still carries legal consequences.

What Does the Law Say about Shoplifting?

Section 5 of the Regulatory Offences Act (1985) states:

(1) Any person who, with respect to goods in a shop of a value of $150 or less—

(a) consumes them without the consent, express or implied, of the person in lawful possession of them; or
(b) deliberately alters, removes, defaces or otherwise renders indistinguishable a price shown on them, without the consent, express or implied, of the person in lawful possession of them; or
(c) whether or not the property in the goods has passed to the person, takes them away without discharging, or attempting honestly, or making proper arrangements, to discharge his or her lawful indebtedness therefor;

is guilty of a regulatory offence and, subject to section 9, is liable to a fine of 6 penalty units.

What Happens if You Get Caught Shoplifting?

If you’re approached by a store owner, employee, or security guard about suspected shoplifting, it’s important to understand your rights. Shop or restaurant staff and security guards are not legally permitted to detain you or search your person or belongings. However, they can choose to contact the police if they believe an offence has taken place.

If police attend the scene, they will assess the situation to determine whether there is sufficient evidence to support a charge. This evidence may include CCTV footage, witness statements or items found in your possession. If police determine there is sufficient evidence that shoplifting has occurred, they may issue you with a Notice to Appear. This requires you to attend the Magistrates Court on a specified date to respond to the charge.

Remember, in Queensland, you have the right to remain silent, as outlined in Section 397 of the Police Powers and Responsibilities Act 2000 (Qld). This means you have a right to refuse to answer police questions unless you are required to by legislation.

Penalties for a shoplifting offence are often limited to a fine. Under the Regulatory Offences Act 1985 (Qld), the maximum penalty is 6 penalty units. Repeated shoplifting offences may lead to a more severe sentence.

If you’ve been charged with a shoplifting offence, we recommend seeking appropriate legal advice from a criminal lawyer.

Will Your Shoplifting Offence Appear In Your Criminal History?

Yes, regulatory offences will appear in your criminal history. However, Section 12 of the Penalties and Sentences Act 1992 (Qld) does outline instances where the court might not consider recording a conviction:

• The nature of the offence (common for minor offences);
• The character and age of the offender;
• The impact the offence will have on the economic, social well-being and employment prospects of the offender.

When Does Shoplifting Become a Criminal Offence?

In Queensland, if the value of the stolen goods exceeds $150, the charge can escalate to a more serious offence of stealing or fraud. Under section 398 of the Criminal Code Act 1899 (Qld), the maximum penalty for stealing is 5 years imprisonment.
If the offence involves aggravation, such as physically harming someone, the penalty can increase to up to 14 years imprisonment.

What Happens if You Get Caught Shoplifting Under the Age of 18?

In Queensland, the minimum age for criminal responsibility is 10, as outlined in section 29 of the Criminal Code Act 1899 (Qld). The legislation also states that children between the ages of 10 and 14 are not criminally responsible if it can be proven beyond a reasonable doubt that, at the time of the offence (such as shoplifting), they lacked the capacity to know they should not do the act. This legal principle is known as ‘doli incapax’.

However, if it is found that the child did have the capacity to understand their actions were wrong, they can be charged or found guilty of an offence.

Children under the age of 18 and over the minimum age of criminal responsibility are dealt with by either the Children’s Court of Queensland or the Children’s Court (Magistrates Court jurisdiction).

Why Do You Need Legal Representation for a Shoplifting Offence?

Although shoplifting is considered a minor offence, it can lead to serious legal consequences, particularly if you’re a repeat offender or if the offence escalates to a more serious criminal charge. Legal representation by a Brisbane criminal lawyer is important for several key reasons:

• They can negotiate with police or prosecutors to potentially have charges dismissed or downgraded.
• They can represent you in court proceedings, and where appropriate, help you avoid a criminal conviction.
• They can guide you through the legal process and explain the potential consequences of the offence.

What Should You Do if You Are Charged with Shoplifting?

If you are in the process of being charged with this regulatory offence, it is best to seek legal advice as soon as possible. Our expert criminal lawyers in Brisbane can also represent you in court for any other theft charges, such as stealing and burglary. Do not hesitate to get in touch with us, either via email or our phone line on (07) 3236 0266.

For more information about stealing offences, you can read our articles on stealing by finding, our guide to understanding theft charges and burglary vs robbery.