Charged With Shoplifting or Theft in South Australia - What Happens Now?

By James Stevens, Director and Solicitor, Go To Court Lawyers. Last reviewed 10 April 2026.

Charged With Shoplifting or Theft in South Australia - What Happens Now?

If you've been charged with shoplifting or theft in South Australia, you're facing criminal charges that can result in a permanent conviction, fines up to $30,000, and even imprisonment. However, South Australia offers several pathways to avoid conviction for first-time offenders, including police diversions and court-based options like good behaviour bonds. Your next steps in the coming days will determine whether this becomes a permanent criminal record or gets resolved without conviction. Time is critical - contact a criminal lawyer immediately on 1300 636 846 to understand your options before your first court appearance.

Do You Need a Lawyer?

Yes, you absolutely need legal representation for theft charges in South Australia, even for seemingly minor shoplifting offences. A criminal conviction for theft appears on police checks forever and can destroy employment opportunities in retail, finance, healthcare, education, and security industries. Without a lawyer, you risk accepting the prosecution's first offer, which is rarely the best outcome available.

A skilled criminal lawyer can negotiate with police for a caution before charges proceed, argue for diversion programs at court, or secure a discharge without conviction under Section 16 of the Sentencing Act 2017 (SA). These options are rarely offered to unrepresented defendants. The difference between having a lawyer and going alone often means the difference between no criminal record and a permanent conviction that follows you for life.

The risk of representing yourself is enormous. Prosecutors assume unrepresented defendants will plead guilty quickly, and magistrates cannot provide legal advice about your options. Don't gamble with your future - book a consultation at gotocourt.com.au/book or call 1300 636 846 now.

What Happens Next - The Process

Here's exactly what happens after you're charged with theft in South Australia:

1. Police Station Release: You'll receive a Court Attendance Notice with a date to appear at Adelaide Magistrates Court or your local Magistrates Court (Port Adelaide, Mount Gambier, etc.). This is usually 4-8 weeks from the charge date.
2. Legal Advice Period: You have this window to engage a lawyer, gather character references, and explore diversion options. This is your most important opportunity to avoid conviction.
3. First Court Appearance: If no diversion is arranged, you appear before a magistrate. You'll be asked to enter a plea of guilty or not guilty. Never plead guilty without legal advice about your sentencing options.
4. Case Conference (if pleading guilty): Your lawyer negotiates with the prosecutor about facts, penalty recommendations, and alternative sentencing options like community service or good behaviour bonds.
5. Sentencing Hearing: Your lawyer presents mitigation evidence including character references, evidence of remorse, and arguments for why you should receive a discharge without conviction rather than a criminal record.
6. Final Outcome: The magistrate decides between conviction and penalty, or discharge without conviction under Section 16 of the Sentencing Act 2017 (SA).

The entire process typically takes 3-6 months, but acting quickly in the first few weeks dramatically improves your chances of avoiding conviction. Don't wait until the last minute - call 1300 636 846 today.

The Law in South Australia

Theft in South Australia is defined under Section 134 of the Criminal Law Consolidation Act 1935 (SA). You commit theft when you dishonestly take someone else's property with the intention of permanently depriving them of it. This includes shoplifting, taking items from cars, stealing from workplaces, and any other form of taking property without permission.

The penalties depend on the value of items stolen:

• Basic theft (under $30,000): Summary offence, maximum penalty $30,000 fine or 2 years imprisonment
• Theft over $30,000: Indictable offence, maximum penalty $50,000 fine or 10 years imprisonment
• Shoplifting specifically: Covered under general theft provisions, not a separate offence

For first-time offenders charged with theft under $30,000, South Australia provides several alternatives to conviction:

• Police Cautions: Available for minor first offences where you admit guilt. Results in no court appearance and no criminal record.
• Court Diversion: Pre-court programs involving community service, counselling, or education programs. Successful completion results in charges being withdrawn.
• Section 16 Discharge: Court finds you guilty but discharges you without recording a conviction, often with conditions like good behaviour bonds or community service.
• Good Behaviour Bonds: Under Section 22 of the Sentencing Act 2017 (SA), you can receive a bond without conviction if it's your first offence and circumstances warrant it.

The key legislation you need to understand is the Sentencing Act 2017 (SA), which gives courts broad discretion to avoid recording convictions for first-time offenders where a conviction would be disproportionately harsh compared to the offence.

Mistakes to Avoid

These critical mistakes destroy cases and lead to unnecessary convictions:

1. Admitting guilt to police without understanding diversion options. Many people confess hoping for leniency, not realizing they've just eliminated their chance of fighting the charge or negotiating a police caution. Police may offer a caution during the interview, but once you're charged, that opportunity is often lost forever.

2. Failing to gather character references immediately. Courts heavily weight character evidence when deciding whether to record a conviction. You need references from employers, community members, family friends, and anyone who can speak to your good character. Generic references written at the last minute are worthless - you need detailed, specific references that show this offence is completely out of character.

3. Not engaging with the prosecution early enough. Experienced lawyers know which prosecutors are reasonable about diversions and alternative sentencing. Waiting until the court date means missing opportunities to negotiate. The best outcomes happen when lawyers engage prosecutors weeks before the first court appearance.

4. Appearing in court without understanding Section 16 discharge criteria. Magistrates consider factors like the trivial nature of the offence, your good character, the likelihood of reoffending, and whether a conviction would harm your employment prospects. Without legal representation, you can't properly present these arguments.

5. Pleading guilty at the first appearance without exploring all options. Once you plead guilty, your options narrow dramatically. You need time to gather mitigation evidence, obtain character references, and negotiate with prosecutors. Rushing to plead guilty eliminates your lawyer's ability to achieve the best possible outcome.

Likely Outcomes and Costs

With proper legal representation, first-time theft offenders in South Australia have excellent prospects of avoiding conviction. Our experience shows:

• Police Cautions: Achieved in approximately 15-20% of minor shoplifting cases where we intervene before the first court date
• Court Diversions: Available in 25-30% of first-offence cases involving theft under $500
• Section 16 Discharges: Granted in 60-70% of first-offence cases with good mitigation evidence
• Good Behaviour Bonds without conviction: Common outcome for theft between $500-$2,000 with strong character evidence

Without legal representation, over 80% of first-time defendants receive criminal convictions because they don't understand their options or how to present mitigation evidence effectively.

Legal costs typically include:

• Initial consultation: $295 (fixed fee)
• Summary charge representation: $2,200-$4,400 depending on complexity
• Additional court appearances: $880 per appearance if the matter is contested
• Negotiating police cautions: Often included in the initial consultation fee

Timeline expectations:

• Police caution negotiations: 1-2 weeks after engaging a lawyer
• Court diversion applications: 4-6 weeks to complete requirements
• Standard court process: 3-4 months from charge to final outcome

The investment in legal representation pays for itself by protecting your career prospects and avoiding the lifetime consequences of a theft conviction. Call 1300 636 846 now to discuss fixed-fee options that fit your budget.

How Go To Court Lawyers Can Help

Go To Court Lawyers has successfully defended thousands of theft and shoplifting charges across South Australia since 2010. Our 800+ lawyers nationwide include specialists in South Australian criminal law who appear daily in Adelaide Magistrates Court and regional courts throughout the state.

We deliver results because we understand the system:

• Immediate police caution negotiations: We contact police within 24 hours to explore caution options before your case goes to court
• Prosecutor relationships: Our lawyers know which prosecutors offer reasonable diversions and how to present your case for maximum impact
• Court experience: We appear before South Australian magistrates daily and understand exactly what they look for when considering Section 16 discharges
• Fixed-fee certainty: fixed-fee consultation, clear pricing for representation, no surprise bills

Available 24/7 across South Australia:

• Adelaide Magistrates Court and all metropolitan courts
• Regional courts including Mount Gambier, Port Augusta, Whyalla, Murray Bridge
• After-hours emergency consultations for urgent enquiries
• Online booking at gotocourt.com.au/book for immediate appointments

With a 4.5-star rating from 780 client reviews, we've built our reputation on achieving results that matter - keeping first-time offenders out of the criminal justice system and protecting their futures.

Don't let a shoplifting charge become a permanent conviction that haunts your career forever. The next few days are critical for your case. Our experienced criminal lawyers are standing by to protect your future and explore every option to avoid conviction.

Call 1300 636 846 now or book online at gotocourt.com.au/book. Your future depends on the decisions you make today.