Crime and Policing Bill (Fifth sitting)

David Burton-Sampson Excerpts

Committee stage
Thursday 3rd April 2025 Public Bill Committees

[Luke Taylor]

I will finish my remarks by again encouraging the Minister to consider what we can do, and to take every opportunity available to include in the Bill the measures that I have mentioned.

[David Burton-Sampson (Southend West and Leigh) (Lab)]

It is a pleasure to serve under your chairship, Dr Allin-Khan. I refer Members to my declaration of interests.

I will keep this brief. The abuse of shop workers is simply unacceptable. People who are at work and offering an essential service to the public, and who are normally at the lower end of the salary scale, should not be subjected to such violence and intimidation when simply doing their job. USDAW’s “Freedom From Fear” report shows that in the last 12 months 77% of shop workers were verbally abused, 53% were threatened and 10% were assaulted. I know about this issue from my early career, when I was a store manager for a food store. I was abused on a number of occasions and once had a blade pulled on me when I was attempting to stop a shoplifter. This has been going on for years and it needs to stop.

During the pandemic, as we all know, we started off clapping the doctors and nurses and we eventually spread that out to everybody who was keeping our essential services going, including our shop workers. It is shameful that despite the petition launched in July 2020 and signed by 104,354 people, which the hon. Member for Stockton West pointed to, and the Westminster Hall debate, the former Conservative Government refused to recognise abuse of a shop worker as a separate offence until they were dragged, kicking and screaming, by the industry and the Labour Opposition at the time. It is therefore interesting to hear the Conservatives waxing lyrical about this issue today, despite the fact that we had to pull them to this point. It is equally admirable to see the Government bringing this action forward.

Many shop workers are pleased that the Government’s respect orders will support this new legislation and give them more protection. As a package, this is a positive move forward that will support my former colleagues and all retail workers. I fully support clauses 14 and 15.

--- Later in debate ---

[David Burton-Sampson]

It was actually former Prime Minister Theresa May, when Home Secretary in 2013, who said that the new low-level threshold would “free up resources” and that

“Having to pass low-level offences to the Crown Prosecution Service wastes police time.”—[Official Report, 10 June 2013; Vol. 564, c. 75.]

I am not sure how shop workers and owners who have been subject to low-level crime over the last 10 years would feel about that. How does the hon. Gentleman feel about it?

[Matt Vickers]

I will probably come on to this later, but quick justice is effective justice. We do not want prolific offenders waiting for court dates in the Crown court, when we could be dealing with them more quickly.

There are two big debates about how this should play, and I am sure we will hear them at length in the Committee. There is a real issue with whether something that goes to the magistrates court is dealt with quickly or otherwise, but a lot of this is about perception and the £200. According to the impact assessment produced by the Government for the Bill, 90% of the offences of shop theft charged are for goods with a value under £200, so it is a myth that people are not being charged for offences under £200. Maybe we need to be telling retailers and police that, but people are still being charged for offences relating to goods of low value, and rightly so. If someone steals, there should be consequences, but it should be dealt with more quickly than waiting for a date in the Crown court.

We heard during the evidence sessions concerns about the impact that making theft from a shop triable either way will have. Giving offenders a choice between the Crown court and magistrates court will mean that they can opt for delays, and it will potentially result in a lower conviction rate. There are huge concerns that that could add to the backlog and further frustrate the system, and that the individuals concerned could continue to commit such crimes while awaiting justice. Oliver Sells KC said:

“Speedy justice is much more effective than slow justice.”––[Official Report, Crime and Policing Public Bill Committee, 27 March 2025; c. 20, Q29.]

A number of our witnesses seemed to share the perspective that delays to justice could come at a great cost. Does the Minister agree that, should the change lead to lengthy delays in justice, it could be counterproductive? Will she commit to reviewing the impact of the measure after a given time?

The change seems to be based entirely on a misperception that action is not taken on shoplifting of goods under £200 in value. The Government’s own impact assessment for the Bill confirms that the vast majority of shoplifting offences charged—in fact, 90%—are for goods under £200 in value. Matthew Barber, police and crime commissioner for Thames Valley, has submitted written evidence to the Committee on specifically this issue, in which he states:

“The current legislation means that in most circumstances theft below £200 will be dealt with at Magistrates Court. The idea that below £200 the police do not investigate or prosecute, let alone the courts convict, has been described as an urban myth. It is actually a clear message that has been promoted by the Home Secretary herself, despite evidence to the contrary. Many cases of shoplifting below £200 will be investigated by the police, arrests made and charges brought. Magistrates can convict and sentence for these offences and they do. Within current guidance there are also provisions that allow a case to be referred to the CPS for prosecution in the Crown Courts. This helps to deal with prolific offenders in particular.

So what is the problem that the Government is seeking to solve? If it is one of perception, then surely that is a perception in large part of their own making. At the time the changes were brought in it was estimated that it would remove approximately 50,000 cases from the CPS and Crown Courts. I do not know if the Home Office or the Ministry of Justice have made an assessment of the expected increase in cases going to the higher courts, but with the passage of time, increased reporting, and better policing of this crime it does not seem unreasonable to suggest that this proposed legislation could put 100,000 additional cases into an already overheated Crown Court system. In the majority of those cases I would hazard that offenders are likely to receive sentences that could have been delivered more swiftly and cost effectively by magistrates.

I am not suggesting that the proposed law will directly hinder the police in their work or directly lead to worse outcomes, however I can see no likely benefit to come from additional cost and delays being introduced to the system.”

Ordered, That the debate be now adjourned.—(Keir Mather.)