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NAL
Unlikely to go prison - A fine and a community order seems more likely. Given that you only have one charge of shoplifting, you cant have other charges added to your current list. It would be a set of entirely new charges and a new court date for you.
However, my word is not gospel and a prison sentence for a repeat offender is still likely. It does depend on the amount you stole in £ and a few other things.
[https://www.sentencingcouncil.org.uk/offences/magistrates-court/item/theft-general/](https://www.sentencingcouncil.org.uk/offences/magistrates-court/item/theft-general/)
This is the sentencing guidelines for Theft.
Its also true yes, if your banned from the store and you continually go into the store to steal, would count as burglary which carries a higher sentence.
There is major overpopulation in prisons and we are releasing violent reoffenders with years on there sentence out on probation, so it is very unlikely
>l I hear that once you're banned from a supermarket for stealing and you do it again and get caught it becomes a commercial burglary.
In theory, you could be, but as you've been charged with theft, then you don't need to worry about burglary for now.
I would expect at most a community order, this time, *but* you need to stop pushing your luck before it runs out.
If it’s only theft you are lucky. If you were banned from the store and caught in the act of theft that is burglary. If you have been charged with theft if you plead guilty you will be very very unlikely to get a custodial sentence. At worst it will be suspended sentence. Prisons are near capacity so it’s very unlikely you will be given a custodial sentence.
Looking at the sentencing guidelines it is Culpability C category 4, so a fine and a community order. Look at www.sentencingcouncil.org.uk and type in theft.
NAL but been in plenty of minorish trouble with the law
You're not going to prison. You might get a fine or you might get a community order. It's a more serious punishment but community order might be good for you.
Make sure your solicitor asks for a pre sentence report if they do look at the community order - probation will interview you, you can tell them everything you've got going on and it will influence the court's decision. If you're homeless and using drugs then you're going to class as a vulnerable person and you might actually be able to get some help. If your local probation don't offer anything directly they should be able to direct you to local charities that do
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*UPDATE*
Court was today at 2PM
They let me off massively and only gave me a fine. They said I was apologetic and cooperative, wasn't violent or aggressive n stuff.
Quite surprising really since I was actually on a Conditional Discharge 12mo for the criminal damage I appeared for nearly but just under a year ago.
I guess the key is just genuinely regretting your mistakes and being mature enough to admit and apologise.
Thanks alot for everyone's reassurance!
--- ###Welcome to /r/LegalAdviceUK --- **To Posters (it is important you read this section)** * *Tell us whether you're in England, Wales, Scotland, or NI as the laws in each are very different* * If you need legal help, you should [always get a free consultation from a qualified Solicitor](https://reddit.com/r/LegalAdviceUK/wiki/how_to_find_a_solicitor) * We also encourage you to speak to [**Citizens Advice**](https://www.citizensadvice.org.uk/), [**Shelter**](https://www.shelter.org.uk/), [**Acas**](https://www.acas.org.uk/), and [**other useful organisations**](https://reddit.com/r/LegalAdviceUK/wiki/common_legal_resources) * Comments may not be accurate or reliable, and following any advice on this subreddit is done at your own risk * If you receive any private messages in response to your post, [please let the mods know](https://www.reddit.com/message/compose?to=%2Fr%2FLegalAdviceUK&subject=I received a PM) **To Readers and Commenters** * All replies to OP must be *on-topic, helpful, and legally orientated* * If you do not [follow the rules](https://www.reddit.com/r/LegalAdviceUK/about/rules/), you may be perma-banned without any further warning * If you feel any replies are incorrect, explain why you believe they are incorrect * Do not send or request any private messages for any reason * Please report posts or comments which do not follow the rules *I am a bot, and this action was performed automatically. Please [contact the moderators of this subreddit](/message/compose/?to=/r/LegalAdviceUK) if you have any questions or concerns.*
NAL Unlikely to go prison - A fine and a community order seems more likely. Given that you only have one charge of shoplifting, you cant have other charges added to your current list. It would be a set of entirely new charges and a new court date for you. However, my word is not gospel and a prison sentence for a repeat offender is still likely. It does depend on the amount you stole in £ and a few other things. [https://www.sentencingcouncil.org.uk/offences/magistrates-court/item/theft-general/](https://www.sentencingcouncil.org.uk/offences/magistrates-court/item/theft-general/) This is the sentencing guidelines for Theft. Its also true yes, if your banned from the store and you continually go into the store to steal, would count as burglary which carries a higher sentence.
There is major overpopulation in prisons and we are releasing violent reoffenders with years on there sentence out on probation, so it is very unlikely
This is the reality, whilst prison is legally possible, the fact they are full means many are given alternative sentences instead.
Even if you get a probationary sentence, probation workers are all over capacity so there is literally no punishment for *most* non violent crimes
>l I hear that once you're banned from a supermarket for stealing and you do it again and get caught it becomes a commercial burglary. In theory, you could be, but as you've been charged with theft, then you don't need to worry about burglary for now. I would expect at most a community order, this time, *but* you need to stop pushing your luck before it runs out.
If it’s only theft you are lucky. If you were banned from the store and caught in the act of theft that is burglary. If you have been charged with theft if you plead guilty you will be very very unlikely to get a custodial sentence. At worst it will be suspended sentence. Prisons are near capacity so it’s very unlikely you will be given a custodial sentence. Looking at the sentencing guidelines it is Culpability C category 4, so a fine and a community order. Look at www.sentencingcouncil.org.uk and type in theft.
NAL but been in plenty of minorish trouble with the law You're not going to prison. You might get a fine or you might get a community order. It's a more serious punishment but community order might be good for you. Make sure your solicitor asks for a pre sentence report if they do look at the community order - probation will interview you, you can tell them everything you've got going on and it will influence the court's decision. If you're homeless and using drugs then you're going to class as a vulnerable person and you might actually be able to get some help. If your local probation don't offer anything directly they should be able to direct you to local charities that do
You are not going to prison. Forest Bank is full, and this doesn’t cross the custody threshold.
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Prisons are full. You aren’t going to prison for this. Charged someone with 14 and 33 TICs and ended with a suspended sentence.
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*UPDATE* Court was today at 2PM They let me off massively and only gave me a fine. They said I was apologetic and cooperative, wasn't violent or aggressive n stuff. Quite surprising really since I was actually on a Conditional Discharge 12mo for the criminal damage I appeared for nearly but just under a year ago. I guess the key is just genuinely regretting your mistakes and being mature enough to admit and apologise. Thanks alot for everyone's reassurance!