ACS

ACS has welcomed the reports of the Sentencing Advisory Panel (SAP) into the sentencing of Shop Theft and the sentencing of theft in breach of trust offences. ACS has been a key consultee in the process and argued strongly against early plans considered by the panel to remove prison sentences as a sanction for shop theft.

James Lowman said: “It is entirely right that the Panel has rejected the irresponsible idea of removing the option of sending a shop thief to prison from magistrate’s discretion. We welcome the victory of common sense.

“However we remain concerned that the seriousness of shop theft is not being reflected in the way that offences are dealt with. This is a crime that costs our industry millions of pounds, challenges the livelihood of business and that has to be taken very seriously by all from the Police right the way to the Magistrates Court. We will be responding to the detail of this report.”

The Panel’s recommendation is for a refocusing on sentencing policy so that the starting point for theft from a shop is a fine, increasing through community orders and retaining prison sentences for the worst offenders. The Panel recommends tougher sentencing based on aggravating factors such as use of intimidation and violence and repeat offending.

In a separate report the Panel also recommended changes to sentencing for staff theft offences, noting that only 38% of current offences result in prison sentences. The reforms bring the guidance into line with current magistrates’ activity. Specifically on the offence of driving off without payment (theft of petrol) the panel recommends the introduction of new sanction whereby an offender found guilty faces the suspension of their driving licence. Mr Lowman said:

“Staff theft is a horrible crime that is often hard to detect and can seriously harm retailers business. We expect the courts to take a hard line and there has to be strong deterrence.

“We are delighted the Panel has agreed with us that removing driving licences is powerful deterrent to drive off crime. We see this as a good way of providing a real deterrent to the opportunist thief who forms part if not all of this serious problem.”