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Other Criminal Law

3. Shoplifting

Authors: Staff Legal Eagle
Firm / Chambers:
Last updated: 30 Aug 2015
  • Shoplifting itself is not a specific crime under the Crimes Act 1958 (Vic). Rather it is a form of theft which is an offence under that Act.
  • The maximum punishment for theft is 10 years imprisonment.
  • Theft is the dishonest appropriation (taking) of property belonging to another person with the intention of permanently depriving them of it.
  • If you are detained by staff in a retail shop who suspect you of shoplifting they are not entitled to search your person or property.
  • If police are called and attend the scene the police may be able to search you and your property depending on the circumstances.
  • Police will then determine if there is sufficient evidence to charge you with an offence of theft.

If a person aged under 18 years is charged with theft from a shop there are different procedures that apply. See our Juvenile Justice topic for more information.

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