Anti-social Behaviour, Crime and Policing Bill

Lord Borrie Excerpts

Tuesday 12th November 2013 Lords Chamber

[Lord Beecham]

My Lords, happily this is a relatively short matter and appropriately I shall be speaking to it.

The issue here is a change to the way in which shoplifting is to be dealt with. The thrust of the Government’s proposals is to make a summary-only offence of shop theft below £200. That would facilitate matters being disposed of without trial following a written guilty plea, with a fine then usually being imposed on an absent defendant. It might seem somewhat illogical for the Government to preserve the right to elect trial for somebody even on a charge for such a moderate amount, but they are absolutely right to do this.

The problem identified by members of the retail trade and the Magistrates’ Association in particular, and perhaps also by others, is that under the present system an on-the-spot fine can be given for a low-value shop theft if the penalty, which I believe at the moment is £80, is not paid within 21 days. Half of them, incidentally, are not. It then becomes a higher fine of £120 and the court system manages the collection. That is a reasonable way to approach first-time offenders. It should not, however, continue to be available for repeat offences. The penalty notice for disorder—we are into alphabetical descriptions again: the PND—is not an admission of guilt.

The police often caution offenders for shop theft—that does require an admission of guilt. It could be the next stage after a previous PND. A summons to court may follow after two previous incidences of shop theft. If the Government’s measures turn this into a kind of postal process only, there is the danger that repeat offenders will accumulate a succession of fines without really being stopped or deterred at all. The view of the Magistrates’ Association is that a great deal of shop theft goes undetected as it is, and some offenders detected under this process for the third time will have committed nearer to 30 offences. This is obviously not good for the trade. It is also probably not good for the offenders. Many of them have huge problems. They may be afflicted by homelessness and a consequent inability to claim benefits, or they may have problems of addiction to drugs or alcohol. Of course, those aspects will not be picked up on at all under this process. There is therefore a double risk, both to the trader and, indeed, very often to the offenders.

The purpose of the amendment is therefore to narrow the scope within which these new procedures can apply. The figure is one which simply triggers the debate. In the Commons, my honourable friend Mr David Hansen who moved the amendment did so with two figures, £100 and £40. It is irrelevant which figure one looks at, the question is whether the system as proposed will produce more problems rather than fewer for both traders and potentially for offenders, and whether—at the very least—a lower figure might limit that. I hope that the Minister will consider that area. I am not expecting a complete response tonight, but perhaps by the time we come to Report the Government could have had another look at this issue with a view to seeing whether some of these fears which have been expressed by those with an interest in the matter can be properly addressed. I beg to move.

[Lord Borrie (Lab)]

My Lords, I support the amendment —I suppose because it comes from my Front Bench. However, I do not like the provision in the Bill at all. Shoplifting has been with us, as it were, for a long time. Correct me if I am wrong, but it is unprecedented for shoplifting to be singled out as a form of theft that should receive special attention. What is the gain to the public of that?

Shoplifting is of course prosecuted under the Theft Act 1968. When I was a young barrister prosecuting young shoplifters up and down Oxford Street, the notion was that very few people did other than plead guilty. They wanted to get it out of the way. They certainly did not want to go for trial and have to wait until a jury trial could be arranged. Therefore, they invariably preferred the summary trial. I would be surprised if that were any different today.

I see little point in this clause if it introduces for the first time special provision relating to one particular kind of theft. Why this kind of theft? Why not theft from one’s employer, or from one’s friends and neighbours? Why shoplifting, in particular? From my experience of years ago, I am afraid that the general public seem to think that shoplifting is not nearly as serious as real theft. It is something that most people engage in when they are young, or otherwise. However, to label this aspect “shoplifting” rather than theft in general, as the Government are doing, is perhaps to lend credence to the notion that shoplifting is not so important at all.

I suggest that the very least which could be done would be to adopt the amendment of my noble friend Lord Beecham. Really, however, the Government ought to withdraw the clause. Is the Bill not big enough, covering enough subjects, as it is, without dragging in something which has no relevance to any other part of the Bill?