Shoplifting – Out of court penalties for shoplifters
This week I’ll be sharing some further thoughts on the plague affecting retailers, shoplifting – and out-of-court penalties.
I have previously written and make no excuse for repeating that one constant in the retail food sector that has for many years been a major issue to retailers small and large is the quaintly named ‘Shoplifting’. What a misnomer. This is plain and simple theft and the perpetrators are thieves. The CEO of the Association of Convenience Stores (ACS) – James Lowman has raised this issue on a number of occasions and the industry should thank him for keeping it on the agenda. In the latest copy of The Grocer magazine, it is reported that he has urged the government to limit the use of out-of-court penalties to [only] first time shoplifters. My views are a little stronger – whilst this is referred to as ‘first-time’, the reality is that in the majority of cases, it is just the first time that they have been caught. The ACS CEO was responding to the Ministry of Justice’s review of out-of-court disposals where in a submission he said that regular use of penalties, which Police use to avoid taking offenders through the court system “perpetuates the myth that shop theft is a victimless crime” and did not act as an effective deterrent. The Grocer refers to James Lowman stating “Retailers are not adequately consulted on the penalties and cautions issued to shop thieves, resulting in too many repeat offenders not being dealt with” and he urged the Ministry of Justice to take action to ensure that the out-of-court penalties are only used for first-time offenders and asked for a simplification of the out-of-court disposal system so that retailers and the public can understand how offenders are being managed. I have previously laid the blame very firmly at the door of the judiciary. Shoplifting is still seen by those who have little real knowledge as insignificant, the reality is far from this – there is a huge industry out there of people who shoplift as a career – in the knowledge that even if they are caught, they will probably receive a number of cautions before they are taken to court and even then stand the chance of just getting ‘a wrap on the knuckles’. I am aware that some will say that the judiciary have many other more important issues to handle and I do not underestimate these, however to turn a blind eye is akin to condoning. The time has come to act and allow just one out-of-court disposal – and if there is any repeat offending I believe that the judiciary must work to impose tough sentencing for theft in all of its forms – shoplifters are more likely to be deterred if they actually have a much higher chance of being caught, prosecuted, fined and even jailed for transgressions. The law abiding population of the UK also need to take a stand and say that enough is enough. Why should these thieves get away with theft and why should the staff in stores throughout the country who are going about their lawful employment be subjected to this unsavoury practice, at times being subjected to violence and aggravation from shop thieves? The Home Office statistics reveal that 94% of all incidents against the retail and wholesale sector are theft related. Surely, this is evidence enough for a hard line to be taken?