It's a common habit: opening a packet of crisps or taking a bite of a chocolate bar while wandering the aisles of a supermarket. However, according to legal experts, this seemingly innocent act is technically illegal under UK law.
Criminal law specialist Rachel Adamson explained to the Liverpool Echo that consuming an item before paying for it constitutes theft under section six of the Theft Act 1968. The law states that a person who takes property belonging to another with the intention of permanently depriving them of it is guilty of theft, even if they intend to pay later.
Ownership of the item does not transfer to the shopper until the sale is completed at the till. Therefore, eating or drinking a product before that point means the item is still the property of the supermarket, and consuming it permanently deprives the retailer of its right to refuse the sale or remove the item from the shelves.
While enforcement is often at the supermarket's discretion, the offence can lead to severe penalties. According to the Crown Prosecution Service, convicted offenders face up to seven years' imprisonment and/or an unlimited fine in Crown Court.
Particularly problematic is consuming items that need to be weighed at checkout, such as fruit, as the reduced weight could be seen as deceptive. Experts advise shoppers to resist the temptation and wait until after payment to enjoy their snacks.
