Has the government ended the ‘immunity’ on ‘low-value’ shoplifting?

Updated 12 May 2026

Pledge

“Labour will scrap the effective immunity for some shoplifting”

Labour manifesto, page 65

Our verdict

The Crime and Policing Act, which allows all shoplifting crimes to be tried as general theft and carries a maximum of seven years’ imprisonment, received Royal Assent in April 2026.

What does the pledge mean?

Labour’s manifesto promised to “scrap” what it said was an “effective immunity for some shoplifting introduced by the Conservatives”, although it did not specify what that entailed.

However, ministers later said this refers to a section in the Anti-social Behaviour, Crime and Policing Act 2014, introduced under the Conservative-Liberal Democrat coalition, which defined “low-value shoplifting” as a summary offence, where the total value of stolen goods is less than £200. It specified that a person can be sentenced to a maximum of 51 weeks in prison, fined, or both, for such an offence. However, the maximum sentence is, in effect, six months, as this is the maximum sentence allowed for a summary offence in magistrates’ courts.

At the time this legislation was passed the then-government said it would free up resources by “increasing the number of police-led prosecutions” and ensure “swifter justice for retailers”.

However, groups such as the British Retail Consortium said in 2025 that the measure had led to the “perception among some retailers that some police forces do not regard shop theft as a ‘real’ crime, particularly if it is under £200 in value”.

Summary offences are tried in magistrates’ courts, which have lower sentencing powers than Crown Courts.

What progress has been made?

The Crime and Policing Act received Royal Assent on 29 April 2026. It repeals the summary offence of “low-value shoplifting”, meaning all shoplifting crimes can now be tried as general theft, irrespective of the value of goods taken.

This is an 'either way' offence—meaning it can be tried in either the magistrates’ court or a Crown Court—and can carry a more severe maximum punishment of seven years’ imprisonment, compared to a maximum of six months for the summary offence of low-value shoplifting.

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Has the government ended the ‘immunity’ on ‘low-value’ shoplifting?

Progress displayed publicly—so every single person in this country can judge our performance on actions, not words.

Sir Keir Starmer, Prime Minister – 24 September 2024