Shoplifting, not paying and property damage
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In Queensland you can break the law and be in trouble with the police so you have to go to court but it's not always called a criminal offence, this is a bit confusing. If you talk to a lawyer the lawyer may still call it 'criminal' law. But there are some things which are a lot less serious than other things. So you may go to court for breaking the law for something called a 'regulatory' offence, not a 'criminal' offence.
The police say I'm going to court for a 'regulatory offence'. What's that?
The Regulatory Offences Act 1985 lists three types of breaking the law as 'regulatory' offences. They are all less serious things where the amount involved is not over a certain amount. The three types are called:
- unauthorised dealing with shop goods where the goods are not over $150. This can be shoplifting, eating or drinking something in a shop without paying, changing price tags by swapping them, removing them, crossing out the price etc
- leaving restaurants/hotels etc without paying for food, drink, accommodation etc where what you didn't pay for is not over $150. This includes paying with a cheque when you know there is no money in the bank to cover the cheque or using a credit card you're not allowed to use
- unauthorised damage to property where the damage is not over $250. For example if you get angry and kick someone's fence and the damage doesn't cost more than $250 to fix.
For all of them, you go to a magistrates court. You can't choose to go up to a higher court and have a judge or a judge and jury. And the magistrate can't send you to jail.
Remember that the police can charge you with the more serious version of these things; stealing instead of shoplifting, fraud instead of leaving without paying, wilful damage instead of unauthorised damage. So if you have broken the law in any of the ways listed above, try not to argue and hope that if you are charged, it is with one of these less serious offences called a regulatory offence.
I've been caught shoplifting, that's not really stealing, is it?
Yes it is. And so is eating or drinking something in a shop but not paying for it when you leave the shop, or if you swap a price tag so you pay less. Of course it's not as serious if you take away without paying a chocolate bar costing three dollars as if you take away without paying things costing thousands of dollars. But even if something costs very little, if you take it away without paying you are still breaking the law and if you are caught you will probably have to go to court.
I'm going to court for shoplifting. Will I get a criminal record?
No. But if the court says you are guilty, you will have a conviction. A conviction for shoplifting is not called a criminal conviction - this is because shoplifting is a regulatory offence, and a conviction for any regulatory offence is not called a criminal conviction.
If the court convicts you of shoplifting, you don't have a criminal conviction, so you don't have a criminal record. And the court can convict you but not record a conviction (just like a court can for criminal offences).
Remember, if the court convicts you, this is still a conviction by a court for doing something dishonest, and this might stop you from getting some jobs.