Court of Appeal quashes immediate custodial sentence after sentencing judge had suggested it might be suspended if defendant pleaded guilty
August 25, 2026
Section 127 of the Magistrates’ Courts Act 1980 specifies that a Magistrates’ Court should not try an information unless it was laid before the court within six months of the date that the offence was allegedly committed. However, the provision specifically excludes “indictable” offences. An indictable offence is an offence that can be tried in the Crown Court. Thus, the six-month time limit only applies to those offences that can only be tried in a Magistrates’ Court – known as summary-only offences. Additionally, some summary-only offences contain a provision which specifically precludes the operation of section 127 or extends the time-limit. One such example is common assault committed in a domestic environment which extends the time-limit to one of 18 months.
Theft contrary to section 1(1) of the Theft Act 1968 is an indictable offence triable “either-way” (i.e. in the Magistrates’ Court of Crown Court). However, under section 22A of the Magistrates Courts’ Act 1980 “low-value” shoplifting is triable ‘only summarily’. Low-value shoplifting is that where the value of the goods is less than £200. However, a person charged with a low-value shoplifting offence to elect trial by jury.
In the recent case of DPP v Jobson [2025] EWHC 1385, the Appellant had been accused of the theft of £88 of meat from a butcher’s shop but had not been charged for six months and 15 days from the date of the offence. Her solicitor unsuccessfully argued that the charges had been brought out of time. The matter came before the High Court by way of case stated. The High Court relying on the earlier decision of Candlish v DPP [2022] EWHC 242 concluded that the District Judge was correct.
Mrs Justice Hill DBE said: “the conclusion reached was that the stage at which an offence of theft may become a low-value shoplifting offence within section 22A is the occasion when the accused appears before the Magistrates’ Court to answer the charge; and that ‘until then the offence of theft is, like all other offences of theft, an indictable offence, in that it is triable either way’”.
Consequently, the District Judge was correct to refuse the submission that the proceedings were time-barred and the appeal was dismissed. Summary-only offences are those that can only be tried in a Magistrates’ Court and the operation of section 127 applies exclusively to them. Prior to approaching this issue, care should be taken to ensure that its operation is not precluded or altered by statutory provision.
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