Criminal Law
Theft and Fraud Barristers
Advice and representation on shoplifting, theft from an employer, handling stolen goods, fraud by false representation and benefit fraud allegations.
Takes about 2 minutes. No obligation.
Barristers regulated by the Bar Standards Board
Theft is defined in section 1 of the Theft Act 1968 as dishonestly appropriating property belonging to another with the intention of permanently depriving them of it. Each element can be in issue. Did you take it at all, did you mean to keep it, and were you dishonest? Related offences include handling stolen goods under section 22, burglary under section 9 and robbery under section 8, which involves force and is tried only in the Crown Court. Where the value of goods taken from a shop does not exceed £200, the offence is treated as low-value shoplifting and is triable summarily, but an adult still has the right to elect trial in the Crown Court.
The Fraud Act 2006 replaced the old deception offences. Fraud can be committed by false representation (section 2), by failing to disclose information you are legally obliged to disclose (section 3), or by abuse of a position in which you are expected to safeguard another's financial interests (section 4). Crucially, no one has to be deceived and no loss has to be caused: the offence is complete when the dishonest representation is made with intent to gain or cause loss. That makes these charges broad, and it means the real battleground is usually dishonesty and intent rather than what happened to the money.
Dishonesty is judged by the test from Ivey v Genting Casinos, applied in criminal cases since R v Barton and Booth. The tribunal first works out what you actually knew or believed about the facts, and then asks whether your conduct was dishonest by the standards of ordinary decent people. You do not have to have realised it was dishonest. Your genuine belief about the facts, such as believing you were entitled to the money, believing a manager had agreed, or misunderstanding a benefit rule, is therefore central. Bank statements, emails, workplace policies and the full account given in interview often decide whether that belief is credible.
Many theft and fraud cases start with a voluntary interview under caution rather than an arrest, whether with the police, an employer's investigators passing a file to the police, or the Department for Work and Pensions in benefit cases. You are entitled to free legal advice at a police station regardless of means. Some Direct Access Barristers will advise before, or attend, a pre-arranged voluntary interview on a private basis. After charge, criminal legal aid is available through Solicitors, subject to the tests that apply, and a Direct Access Barrister cannot act under legal aid. For a single-incident shoplifting, an employee theft or a contained benefit case, Direct Access can work well if you can handle the papers and correspondence yourself.
What Theft and Fraud Barristers Do
The Dishonesty Question
Your Barrister can analyse:
- What you genuinely believed about the facts
- Claims of right or permission to take money
- Honest mistakes about benefit rules
- Intention to return or repay
- Whether a representation was actually false
- Whether you had a legal duty to disclose
Evidence Review
Specialist scrutiny of:
- CCTV and store security evidence
- Till records, stock audits and loss figures
- Bank statements and transaction schedules
- Employer investigation reports
- DWP overpayment calculations
- Your interview under caution
Drafting
Your Barrister can prepare:
- Advice before a voluntary interview
- Prepared statements for interview
- Defence statements explaining your belief
- Basis of plea on the amount involved
- Submissions on compensation and means
- Mitigation and references guidance
Your Barrister drafts these documents. You send them to the court and prosecutor, as Direct Access Barristers do not conduct litigation.
What You Handle
With Direct Access you:
- Arrange the interview date with investigators
- Collect bank records, payslips and correspondence
- Obtain workplace policies or emails supporting permission
- Provide evidence of your means for compensation
- Gather character references
- Correspond with the court and prosecutor
How Direct Access Works
- 1
Before Interview
If you are invited to a voluntary interview, get advice first. Your Barrister can explain the allegation as far as disclosed, and whether to answer questions, give a prepared statement or say nothing, and the risks of each.
- 2
Charge or Requisition
Theft and fraud charges often arrive by postal requisition weeks or months later. Your Barrister reviews the initial details of the prosecution case, particularly the loss figure and the dishonesty alleged.
- 3
Testing the Figures
Loss schedules and overpayment calculations are often wrong or overstated. You obtain the underlying records and your Barrister checks whether the amount alleged is supported, as it affects both the charge and any sentence.
- 4
Plea Decision
You decide your plea with advice on the dishonesty test and the strength of the evidence. Where you accept some but not all of the alleged taking, a written basis of plea can limit the amount you are sentenced for.
- 5
Trial
Your Barrister cross-examines the investigator, store detective or employer witness and presents your explanation, focusing on what you knew and believed at the time.
- 6
Sentence and Compensation
The court applies the Sentencing Council's theft or fraud guidelines, which weigh culpability and harm. Your Barrister addresses compensation, repayment already made and any risk of confiscation proceedings.
Does your case qualify for Direct Access?
Tell us about your matter and we'll confirm whether you can instruct a Barrister directly, then match you with the right specialist.
Prefer to talk? Call 0800 302 9921. Lines open 8am to 8pm, same-day callback.
Frequently Asked Questions
I meant to pay it back. Is that a defence?
It can be relevant but is not always a defence. For theft, an intention to return the exact item may mean there was no intention to permanently deprive. With money, borrowing without permission is usually treated as appropriation even if you meant to repay. What matters most is whether you were dishonest, judged by what you actually believed at the time.
Can I be convicted of fraud if nobody lost any money?
Yes. Under the Fraud Act 2006, fraud by false representation is complete when you dishonestly make a false representation intending to make a gain or cause a loss. No actual loss is required. The amount of loss, or intended loss, is relevant to the seriousness of the offence and to sentence.
Should I attend a DWP interview under caution?
These interviews are voluntary, but declining one does not stop an investigation and may mean a decision is made without your account. What you say can be used in evidence. Take advice before attending so you understand the alleged overpayment and the rules you are said to have broken.
What does dishonest mean in law?
The court first decides what you actually knew or believed about the facts. It then asks whether, given that state of mind, your conduct was dishonest by the standards of ordinary decent people. It no longer matters whether you personally realised others would see it as dishonest.
Is low-value shoplifting dealt with differently?
Where the goods are worth £200 or less, shoplifting is triable only in the Magistrates' Court unless an adult defendant elects Crown Court trial. Depending on the circumstances and local police policy, a first allegation may sometimes be resolved by an out-of-court disposal instead of a prosecution, which is worth exploring before you are charged.
Will I have to pay compensation?
If you are convicted and there is an identifiable loss, the court must consider a compensation order and give reasons if it does not make one. The amount takes into account your means, so evidence of your income and outgoings matters. In larger cases, confiscation under the Proceeds of Crime Act 2002 may also be considered.
Is Direct Access suitable for a theft or fraud case?
It is often suitable for single-incident theft, shoplifting, employee theft and benefit cases where the documents are manageable. Your Barrister will tell you if the volume of financial material means a Solicitor is needed. Fixed fees, agreed up front. Advice starts from £250 and court representation from £850, with a clear quote before any work begins.
Your State of Mind Is Usually the Case
Speak to a criminal Barrister before interview or your first hearing about dishonesty, the figures and your plea.
Or call us: 0800 302 9921. Lines open 8am to 8pm, same-day callback.