ACS

ACS supported the introduction of PNDs, however there were concerns that the Guidance issued by Government to Police on what circumstances it was appropriate to issue PNDs for shop theft was not being adhered to.

We have been campaigning for Government to revise this Guidance. ACS worked with Anne McIntosh MP on a Private Members Bill to this effect and met with the Minister Jack Straw to lobby him directly on the issue. We also fed into the consultation on what the new revised Guidance should contained.

In July 2009 Government published the new Guidance. In the vast majority of it reflected ACS’ wishesThis new Guidance seeks to improve the system of issuing PNDs. Though this is still only Guidance for the Police, it should help address some of the inconsistency in issuing PNDs.

Key changes include making PNDs only appropriate if:

• the goods stolen were under £100

This removes the previous discretion which allowed Police to issue tickets for higher value goods. It is hoped this will improve consistency of approach. The Guidance also states that in the majority of cases, a PND would only be appropriate if the goods have been returned in a resalable state. The cases where this might not apply could be food and drink items which may have already been consumed.

• If the offender has not had a PND issued for a previous shop theft offence
• If there in no aggravating factors

The previous Guidance gave Police more discretion as to whether they could issue PNDs for repeat offences. This new instruction has more clarity. Aggravating factor can include instances of violence or abuse. If the offender has been abusive during the crime, the new Guidance makes clear it is not appropriate to deal with them using a PND.

The new Guidance also puts in place a much more robust process for ensuring repeat tickets are not issued inadvertently. This includes instructing Police to:
• Establish identity of offender and their residence
• Using the Police National Computer, establish that no PND has been issued previously for a retail theft

There is also new instruction to enter any issued PND on the Police National Computer within 24 hours. This should help to prevent repeat ticketing for the same offence.

The Guidance also makes clear that:
• PND should not be issued in offender substance misuse - instead other sanctions should be sought
• PND is not appropriate for incidents of staff theft - This is a breach of trust offence, with harsher penalties involved

The Guidance also addresses the issue of gaining the victim’s consent before issuing a PND. Previously, it was advised that a victim’s opinion should only be sought if goods were over £100. Now it is advised that they our consulted in all instances. Also, Police will offer advice about civil recovery schemes to the victim so that even if they cannot claim compensation in court they know there are still opportunities for recovering costs.

ACS will continue to work with Government and the Association of Chief Police Officers (ACPO) to ensure these new Guidelines are adhered to. If you have any questions please contact jenny.brown@acs.org.uk