Crime and Policing Act 2026: Shoplifting Rules Have Changed for UK Retailers

What the Crime and Policing Act 2026 changes

The Crime and Policing Act 2026 has made two significant changes to how retail crime is handled in England and Wales. First, it repeals section 22A of the Magistrates Courts Act 1980 (as inserted by section 176 of the Anti-social Behaviour, Crime and Policing Act 2014). This removes the legal provision that treated theft of goods valued at under £200 as a summary-only, lower-category offence. All theft from shops is now prosecuted as full theft under the Theft Act 1968, regardless of value.

Second, the Act introduces a standalone offence of assaulting a retail worker. This is a specific criminal offence separate from common assault, designed to both increase penalties and generate reliable data on the scale of violence against shop staff. The gov.uk retail crime factsheet for the Act confirms the maximum penalty is six months in prison and/or an unlimited fine, with a Criminal Behaviour Order presumed on first conviction.

What the £200 loophole meant in practice

Between 2014 and the passage of the 2026 Act, shoplifting of items valued below £200 was designated a summary-only, lower-tier offence under section 22A of the Magistrates Courts Act. In practice this meant many incidents were handled with fixed penalty notices or minimal court action. Repeat offenders could accumulate large numbers of these lower-level charges with limited consequences, leading to the government describing the situation as a shoplifting free-for-all.

The threshold removal means that even low-value theft can now be escalated more easily to the Crown Court if circumstances warrant it, and that the police have clearer grounds to charge and process offenders regardless of the value of goods taken.

What the new retail worker assault offence means

The standalone assault offence applies to any assault on a person working in a retail environment. On first conviction, courts are presumed to issue a Criminal Behaviour Order. A CBO can prohibit an offender from entering specific premises or taking specific actions. Breaching a CBO is itself a criminal offence carrying up to five years in prison.

The BRC Crime Survey 2026 reported that violence and abuse against shopworkers had fallen from 2,000 incidents per day to 1,600 for the period September 2024 to August 2025 - a 20% reduction. The government argues this reflects early impact from the policing commitment introduced ahead of the legislation, but acknowledges further action is needed.

What this means for small business owners

For independent retailers and small businesses, the practical impact of the 2026 Act depends largely on police capacity to act on reports. The legislation gives officers and prosecutors more tools, but the BRC and Association of Convenience Stores have consistently noted that most retail crime never reaches police logs at all. The charge rate for shoplifting reached 19.1% in the latest data, up from 17.7%, but remains low.

Business owners should review their retail insurance cover in light of the ongoing scale of retail crime. Relevant policy types include commercial combined insurance (which can cover stock theft), public liability, and employer's liability (which covers legal obligations to staff, including those injured during a theft incident). Separately, CCTV evidence is increasingly significant in successful prosecutions under the new framework.

What did the Crime and Policing Act 2026 change about shoplifting?

It abolished the £200 low-value shoplifting threshold that had treated sub-£200 theft as a lower-tier summary offence since 2014. All theft from shops is now prosecuted as full theft under the Theft Act 1968. It also created a standalone offence of assaulting a retail worker with a maximum penalty of six months prison and/or an unlimited fine.

What is the new standalone offence for assaulting a retail worker?

The Crime and Policing Act 2026 makes assaulting a person employed in a retail environment a distinct criminal offence. On first conviction, courts must presume to issue a Criminal Behaviour Order. Breaching that order carries up to five years in prison.

How many shoplifting incidents are there in the UK each year?

Police-recorded shoplifting offences totalled 509,566 in the year to December 2025. The British Retail Consortium estimates the true number of detected incidents is around 5.5 million annually. Violence and abuse against retail workers runs at approximately 1,600 incidents per day.

Does the abolition of the £200 threshold mean all shoplifters face prison?

Not automatically. The removal of the threshold gives courts greater flexibility and removes the procedural barrier to charging. Sentences still depend on the circumstances, criminal history and the court's discretion. For low-value first offences, community orders and fines remain common outcomes.

What insurance should small retailers have in place for retail crime?

Relevant cover types include commercial combined insurance (which typically includes stock and contents theft), employer's liability insurance (required by law if staff are employed) and public liability. Policy terms vary - retailers should check exactly what theft scenarios are covered and whether CCTV evidence requirements apply to claims.