Shoplifting NSW 2026: Penalties, First Offences and What Happens If You Are Caught

Last updated: November 2026

Shoplifting is now the fastest growing major crime in New South Wales. In September 2026, the NSW Bureau of Crime Statistics and Research (BOCSAR) reported that retail theft was the only one of 13 major crime categories to increase significantly across the state, rising 10.4% in the two years to June 2026. Police have responded with targeted operations, and in October 2026 the NSW Government introduced a bill to better protect retail workers.

This guide explains the shoplifting laws NSW courts apply, the shoplifting penalty NSW for different values, what usually happens for a first offence, how to avoid a criminal record, and what to do if you have been caught. All penalties are taken from the Judicial Commission of NSW Lawcodes database.

Is Shoplifting a Crime in NSW?

Yes. There is no separate "shoplifting" offence in NSW. Taking goods from a shop without paying is charged as larceny under section 117 of the Crimes Act 1900, and police record it as "shoplifting" on the charge sheet. The same law applies to small items, such as groceries or alcohol, and to expensive goods such as electronics or designer clothing.

What police must prove

To prove a shoplifting charge NSW police must show, beyond reasonable doubt, that you:

1. took and carried away goods belonging to the shop
2. did so without the shop's consent
3. did so dishonestly, intending to permanently deprive the shop of the goods

The goods do not need to leave the store. Moving goods past the checkout, or hiding them in a bag or clothing, can be enough. Returning the goods, or paying for them later, does not undo the offence, although it can help with the penalty.

Shoplifting Penalty NSW: Fines and Maximum Sentences

The penalty depends on the value of the goods and which court hears the case. These are the current maximums from Lawcodes (law part codes 622 to 625):

Most shoplifting matters stay in the Local Court. Shoplifting of goods worth $5,000 or less is a Table 2 offence, which the Local Court deals with unless the prosecution elects to take it to the District Court. Above $5,000, it is a Table 1 offence, which either side can elect to take to the District Court.

These are maximums. They are reserved for the most serious cases, such as large scale or repeated theft. Most people who are charged receive a much lower penalty.

The $300 criminal infringement notice

For low value shoplifting, police can issue a criminal infringement notice (CIN) with a fine of $300 instead of sending you to court. If you pay it:

• you do not go to court
• no conviction is recorded
• paying the notice is not treated as an admission of guilt

If you think you did nothing wrong, you can elect to have the matter heard in court instead. But if you are then found guilty, the court can impose a higher penalty and a conviction. Get advice before you decide.

Shoplifting First Offence NSW: What Usually Happens

If you have no criminal record, a first shoplifting offence is usually dealt with in one of these ways:

Prison for a first offence is rare and usually limited to serious or organised theft. Courts take into account the value of the goods, whether they were returned, whether the theft was planned, your age and personal circumstances, and any steps you have taken since, such as counselling.

How to improve your chances of no conviction

Not recording a conviction is often the most important outcome, because a conviction can affect work, travel and visas. Courts are more likely to deal with a first offence under section 10 when you:

• plead guilty early and take responsibility
• provide character references from people who know you well
• write a sincere letter of apology
• show the reason behind the offence is being addressed, for example financial counselling, mental health treatment or support for gambling or drug use
• explain how a conviction would affect your job, studies or visa

Young people

For people under 18, police must consider options under the Young Offenders Act 1997 before going to court. A first shoplifting offence by a young person is often dealt with by a warning, a caution or a youth justice conference instead of a court case.

Shoplifting at Self-Checkouts

Self-checkouts have made accidental non-payment much more common. Forgetting to scan an item is not larceny, because there is no dishonest intention. However, police may allege dishonesty where CCTV shows a pattern, such as repeatedly skipping items, scanning a cheaper item instead of the real one, or covering the barcode.

If you were stopped after an honest mistake, the evidence often turns on the CCTV footage, the receipt and what you said at the time. Do not make admissions you do not mean, and get advice before you speak to police. Deliberately scanning goods as cheaper items may also be charged as fraud, which carries higher penalties. See our fraud lawyers page.

Your Rights If You Are Stopped by Store Staff

• Store staff can ask you to wait and call police. Under NSW law, any person can arrest someone they see committing an offence, using only reasonable force, but they must hand the person to police as soon as practicable.
• Bag searches need your consent. A store can make bag checks a condition of entry and can ask you to leave if you refuse, but staff cannot force a search.
• Police can search you if they suspect on reasonable grounds that you have stolen goods.
• You have the right to remain silent when police question you. Anything you say can be used as evidence. See our guide to your rights when arrested.
• A store can ban you. Returning after you have been banned may lead to a trespass charge.

Why Shoplifting Is in the News: The NSW Numbers

BOCSAR's quarterly update released on 16 September 2026 found that in the two years to June 2026:

In its earlier March 2026 update, BOCSAR reported that the rise was driven by theft of liquor (up 13%) and clothing and footwear (up 17%). Police say cost of living pressure is part of the reason, and they have run targeted operations, including one in the Wollongong CBD in June 2026 in which 17 people were charged in a single day.

For people who are charged, this means police are less likely to give informal warnings, and more matters are going to court.

Abusing or Assaulting Retail Workers

Shoplifting can quickly become much more serious if staff are threatened or hurt. Since 13 July 2023, section 60G of the Crimes Act has made it a separate offence to assault, harass, stalk or intimidate a retail worker on duty:

Using force or threats to take goods can also lead to a robbery charge, which carries far heavier penalties than larceny. See our robbery and larceny lawyers and assault lawyers pages.

New workplace protection orders

On 20 October 2026, the NSW Government introduced legislation for workplace protection orders. If passed, courts will be able to ban people aged 14 or older who threaten, stalk or intimidate retail staff from a store, from contacting its workers and from carrying weapons. Breaching an order is proposed to carry up to 2 years in prison and/or a $5,500 fine. As at late October 2026 the bill has not passed, and the scheme is expected to start within 12 months of passing.

Will Shoplifting Show on a Police Check?

• A paid criminal infringement notice does not result in a conviction.
• A section 10 dismissal or conditional release order without conviction does not record a conviction. Under the Criminal Records Act 1991, a section 10 dismissal is treated as spent straight away, and a conditional release order without conviction is spent once the order is satisfactorily completed.
• A conviction will appear on a national police check. Most convictions with a sentence of 6 months or less in prison, or no prison at all, become spent after 10 years without further convictions (3 years for a person under 18 when convicted).

A conviction for a dishonesty offence such as larceny can matter for jobs in finance, retail, security and government. If you hold or are applying for a visa, a conviction can also be considered under the character test, so tell your lawyer about your visa status early.

What to Do If You Have Been Charged

1. Read your court attendance notice or penalty notice carefully and note the date.
2. Do not ignore it. If you miss court, the matter can be dealt with in your absence, or a warrant can be issued.
3. Get advice before you pay a notice or plead guilty. The right choice depends on the evidence and how a conviction would affect you.
4. Start preparing early: references, an apology letter and evidence of any counselling or treatment.
5. Ask about CCTV. Your lawyer can request the footage and the store's statement as part of the brief of evidence.

See our guide to going to court in NSW for what happens on the day.

Frequently Asked Questions

Can you go to jail for shoplifting in NSW?

It is possible, but rare for a first offence. The maximum is 5 years in the District Court and 2 years in the Local Court. Prison is usually limited to repeat or large scale theft.

What is the fine for shoplifting in NSW?

Police can issue a $300 criminal infringement notice for low value shoplifting. In court, the maximum fine is $2,200 for goods worth $2,000 or less, $5,500 up to $5,000, and $11,000 above $5,000.

What happens if you get caught shoplifting for the first time in NSW?

Usually a $300 penalty notice, or a court outcome without a conviction, such as a section 10 dismissal, especially if you plead guilty early and show remorse.

Is shoplifting a criminal offence if the goods were returned?

Yes. The offence is complete once you take the goods dishonestly. Returning them can reduce the penalty, but it does not mean the offence did not happen.

Is forgetting to scan an item at self-checkout shoplifting?

Not if it was an honest mistake. Police must prove you acted dishonestly. CCTV and what you said at the time are usually key evidence.

Does a shoplifting charge show on a police check?

A paid penalty notice and a section 10 dismissal do not record a conviction. A conviction will show on a police check until it is spent, usually after 10 years without further convictions.

Is shoplifting a Table 2 offence in NSW?

Yes, where the goods are worth $5,000 or less. Above $5,000 it is a Table 1 offence.

Talk to a Criminal Lawyer About a Shoplifting Charge

A shoplifting charge can feel minor, but a conviction for dishonesty can follow you for years. A lawyer can check the evidence, tell you whether a non-conviction outcome is realistic and help you prepare the material the court will want to see.

Matters are led by Muhammad Siddique, Senior Associate Criminal Lawyer (LLM), who is admitted to the Supreme Court of NSW and the High Court of Australia. We act for people charged with shoplifting and larceny across Sydney, with offices in Barangaroo and Parramatta. In-person consultations are a paid service, and we give fixed fee quotes where possible.

This article provides general information about NSW law as at October 2026. It is not legal advice. For advice about your situation, speak with a lawyer.