Crime and Policing Bill (Fifth sitting)

Matt Vickers Excerpts

Committee stage
Thursday 3rd April 2025 Public Bill Committees

[Dame Diana Johnson]

What we do know, from the statistics that I have just read out, is that there is a wide body of evidence to confirm what is happening to retail workers on retail premises. We know that, because that information and evidence has been collated for some time. I accept that there are questions and concerns about delivery drivers, but I do not think we are in the position to know the extent of assaults on delivery drivers. I am not disputing that they take place—they do—but we have been very clear, and it was our manifesto commitment, that we will deal with assaults on retail workers by legislating for that. The clause is about that.

Everyone has the right to feel safe at work. The new offence, which is for retail workers and premises, sends a strong message that violence and abuse towards retail workers will not be tolerated. In a later debate, perhaps, I will come on to some of the other protections that all workers have, and how they can be used. This new offence will carry a maximum prison sentence of six months and/or an unlimited fine.

Reflecting on the need to take a tough stance with meaningful criminal justice consequences, clause 15 provides that the new offence will come with a presumption for a court to make a criminal behaviour order. Such an order may prohibit the offender doing anything described in it, which might include a condition preventing specific acts that cause harassment, alarm or distress, or preventing an offender from visiting specific premises. Breach of a criminal behaviour order is in itself a criminal offence, attracting a maximum penalty of five years’ imprisonment.

Clauses 14 and 15, taken together, will significantly help better protect retail workers. On that basis, I am sure that they will be welcomed across the Committee. The hon. Member for Stockton West, who leads for the Opposition, has tabled amendment 29 and new clause 26 in this group. I plan to respond to those when winding up the debate.

[Matt Vickers (Stockton West) (Con)]

It is a pleasure to serve under your chairmanship, Dr Allin-Khan.

The Bill rightly seeks to improve protections for our amazing retail workers and looks to tackle retail crime. I pay tribute to the amazing retail workers across the country for their work, and to the many people who have been involved in the campaign to provide greater protections for them.

Retail is the biggest private sector employer in our economy. It directly employs nearly 3 million people and sits at the heart of all our communities. Clause 14 amends section 40 of the Criminal Justice Act 1988 and creates a stand-alone offence of assaulting a retail worker in their place of work. It defines “retail premises” as a place

“used wholly or mainly for the purposes of the sale of anything by retail,”

including not only buildings, but stalls and vehicles. It also defines what it is to be a “retail worker at work”, which is

“working on or about retail premises, and”

being there

“for or on behalf of the owner or occupier of those premises”.

It confirms that a person who commits the offence will be liable on summary conviction to imprisonment for a term not exceeding the maximum term for summary offences. I am glad that the offence also includes those doing unpaid work in a retail setting.

Clause 15 amends part 11 of the sentencing code to create a duty to make a criminal behaviour order for the offence of assaulting a retail worker. It confirms that that will apply where someone is convicted of the new offence under clause 14; where

“the prosecution makes an application to the court for a criminal behaviour order to be made against the offender”;

and where

“the offender is aged 18 or over at the time the prosecution makes the application”.

It also sets out that such an order will not apply where the court imposes a custodial sentence, or makes a youth rehabilitation order, a community order, or a suspended sentence for that specific offence or

“any other offence of which the offender is convicted by or before it”.

Until this point, police have had to rely on several criminal offences through which to prosecute violence and assault against retail workers, including assault, unlawful wounding or grievous bodily harm under the common law or the Offences against the Person Act 1861; harassment or putting people in fear of violence under the Protection from Harassment Act 1997; and affray, or threatening or abusive behaviour under the Public Order Act 1986. Things changed and progress was made by section 156 of the Police, Crime, Sentencing and Courts Act 2022, as a result of debates on this important subject during the Act’s passage through Parliament. That added section 68A to the Sentencing Act 2020, requiring the courts to treat an offence as aggravated if the victim of the offence had been

“providing a public service, performing a public duty or providing services…goods or facilities”

to the public.

In recent years, a variety of businesses and organisations have called for a stand-alone offence. In July 2020, USDAW launched a petition calling for a specific offence of abusing, threatening or assaulting a retail worker. The petition received 104,354 signatures, which triggered a Westminster Hall debate. As a member of the Petitions Committee, I had the privilege of leading the debate and speaking on behalf of the petitioners. At that time, we were gripped by the pandemic, which helped to focus minds on the incredibly important role that our retail workers were performing as a result of it. The debate was well attended, with Members from all parties speaking passionately in support of our retail workers.

Several retailers were in support of a stand-alone offence, including Morrisons, Sainsbury’s, Tesco and the Co-op. In May 2021, Helen Dickinson, chief executive of the British Retail Consortium, called for a stand-alone offence to provide colleagues with the protections they needed. In June 2021, the Home Affairs Committee held its own inquiry on violence and abuse towards retail workers, concluding that the patchwork of existing offences did not provide adequate protection. The Committee said:

“The Government should consult urgently on the scope of a new standalone offence.”

As hon. Members may know, having served as the chair of the all-party parliamentary group on the future of retail and as a former Woollies worker, I have been very involved in the campaign to protect our retail workers. It was a privilege to join the likes of the Under-Secretary of State for Housing, Communities and Local Government, the hon. Member for Nottingham North and Kimberley (Alex Norris), Paul Gerrard from the Co-op, Helen Dickinson and the team at the British Retail Consortium, Edward Woodall of the Association of Convenience Stores, USDAW, numerous retailers and others who have campaigned over recent years to deliver more protection for our retail workers.

When I first arrived in the House, in my slightly rebellious phase, I tabled an amendment on this issue to the Police, Crime, Sentencing and Courts Bill—now the 2022 Act—which was supported by Members from both sides of the House. As I have mentioned, that helped us to make assault on a person providing a service to the public a statutory aggravating offence. More recently, in April 2024, alongside a suite of measures designed to tackle retail crime, the last Government agreed to create a stand-alone offence of assaulting a retail worker. The stand-alone offence aims to protect our retail workers by providing a deterrent to those who might commit retail crime, and it also has an important role to play in increasing transparency and accountability, which I will say more about later.

The changes to sanctions and recording are not the only answer to this problem; it is important that the police and retailers take action more broadly to tackle it. The last Government introduced a retail crime action plan in October 2023. My right hon. Friend the Member for Croydon South (Chris Philp), who was then the Policing Minister and is now the shadow Home Secretary, launched it at a meeting of senior police leaders and 13 of the UK’s biggest retailers.

The plan included a police commitment to prioritise urgently attending the scene of a shoplifting incident where it involved violence against a shop worker, where security guards had detained an offender, or where attendance was needed to secure evidence. Attendance was to be assessed on risk, with prolific or juvenile offenders being treated with elevated priority. The police reaffirmed their pledge to follow up on any evidence that could reasonably lead to a perpetrator being caught, and forces stepped up targeted hotspot patrols in badly affected areas.

The plan set out advice for retailers on how to provide the best possible evidence for police to pursue any case. They are required to send CCTV footage of the whole incident and an image of the shoplifter from the digital evidence management system as quickly as possible after the offence has been committed. Where CCTV or other digital images are secured, police are required to run them through the police national database, using facial recognition technology to further aid efforts to identify and prosecute offenders, particularly prolific or potentially dangerous individuals.

The plan also created a specialist police team to build a comprehensive intelligence picture of the organised crime gangs that drive a huge number of shoplifting incidents across the country, in an effort to target and dismantle them. This initiative was branded Pegasus and is a business and policing partnership that has improved the way in which retailers are able to share intelligence, with the police gaining a greater understanding of the approach being taken by these organised crime gangs and identifying more offenders.

The initiative was spearheaded by Katy Bourne, the business crime lead for the Association of Police and Crime Commissioners. It is the first national partnership of its kind, and was backed financially by the Home Office, John Lewis, the Co-op, Marks & Spencer, Boots, Primark and several others, which pledged more than £840,000 to get it off the ground. Pegasus helped to identify high-harm offenders who were linked to organised crime groups, and has resulted in numerous arrests of individuals who are often responsible for tens of thousands of pounds in thefts.

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[Harriet Cross]

Does my hon. Friend agree that that sort of approach is important in tackling repeat offenders with whom retail workers will be very familiar? They know who the offenders are in their area, because they see them every day. That sort of approach would help tackle those offenders and give reassurance to retail workers that they will not see these people back time and again.

[Matt Vickers]

The use of facial recognition in this setting is incredible. Anybody who has been out with the police force in their area and looked at it will know that the benefits are huge. It delivers great efficiency to the police, who can check thousands of people in minutes. The ability to take a face and work out who the person is and what they have done or have not done is game-changing in this and many other settings.

[Jack Rankin (Windsor) (Con)]

I have lots of sympathy with my hon. Friend on that point, but will he comment on the tension with civil liberties?

[Matt Vickers]

We have talked about the failure rate of modern facial recognition technology, and the number of instances in which it gets it wrong is minute. Every study we do on modern kit tells us that it results in very little error. It is virtually foolproof. There have been all sorts of noises about previous incarnations of the technology, but the most modern technology that we are using with our police forces now comes with very little fault and can be game-changing for the police.

The commitment to invest in facial recognition was a four-year investment. We have now seen a change of Government, but I know the Minister understands the huge value that facial recognition can have to the police, so I wondered whether the incumbent Government will continue with the specific funding commitment in full. Yes, lots of work has gone in and this offence will not solve all problems or necessarily have an immediate impact, but it represents a huge and important step forward. I am glad it has been taken forward by the incumbent Government and hope it will have a real impact to improve the lives of those important key workers in high streets and stores across the country.

Our retail workers define what it means to be a key worker: essential to the everyday lives of everyone. They often work the longest hours, not necessarily for the best pay, but are relied on by the public to keep their lives and the country going. For those living alone and isolated, they may be the only regular interaction they have. Our stores and town centres sit at the heart of our communities and give us a sense of place and identity. When they become dangerous and lawless, it is the saddest of signs and has real consequences for society.

According to the British Retail Consortium crime survey 2025, there are 2,000 incidents of assault on retail workers—not every month, not every week, but every single day. That figure has gone up by 50% in the last year, totalling 737,000 incidents in a year. More worryingly, 45,000 of those incidents were violent—equivalent to more than 124 incidents a day. There were over 25,000 incidents involving a weapon—that is 70 a day—and, devastatingly, that figure was up by 180% on the previous year. The survey went on to say,

“61% of retailers rate the police response to retail crime overall as poor or very poor, the same as last year, but over a third (39%) rated it as fair, good or excellent, including 3% as excellent for the first time in some years”.

In response to the report, British Retail Consortium chief exec, Helen Dickinson said,

“Behind these numbers lies a harsher truth for the people who work in our industry. Colleagues have been punched, stabbed, spat on, while having racist, misogynistic, and generally vile abuse hurled at them. These incidents can inflict serious mental and physical trauma that lasts a lifetime. The idea that any retail workers might be going to work fearing for their safety, never knowing the next time another incident may occur, should deeply concern all of us. Violence and abuse should never be part of the job.”

A colleague survey by the Association of Convenience Stores found that 87% of store colleagues had experienced verbal abuse, with over 1.2 million incidents, and 59% of retailers believe that antisocial behaviour, in or around their store, has increased over the past year. The association’s crime report also found that only 36% of crime is reported by retailers. Retailers said that they do not always report crime, and the top three reasons were, first,

“No confidence in a follow up investigation”,

secondly,

“The time it takes to file and process reports”

and thirdly,

“Perceived lack of interest from police”.

Retail workers are ordinary people going to work to earn a living, and they should be able to do so without fear of crime. Very often, they are students getting their first job stacking shelves or the semi-retired keeping themselves active, topping up their incomes to get something nice for their grandkids. To demonstrate the impact and consequences of retail crime and the value of the measures being debated, I want to share the views of some of those amazing frontline retail workers. Joshua James, an independent retailer, said:

“The high levels of verbal abuse and antisocial behaviour we are experiencing in store is both upsetting for our team members and negatively impacting their morale. Our main priority will always be their safety and that is why we have had to resort to tactics including implementing safety and preventative technologies and adjusting procedures to help the team feel safer at work. The sad truth behind this is it’s a selfish approach, as we know when these individuals stop targeting us, it’s only because they have moved onto another store.”

Amit Puntambekar from Nisa Local in Fenstanton described how he feels about the support he does not receive from the police:

“When your staff are threatened with a hammer, when someone threatens to kill you who lives near your shop and the police don’t take it seriously, what’s the point?”

In recent years during this campaign, I have had people ask me, “Why should things be different if you assault a retail worker as opposed to any other member of the public?” Retail workers are not assaulted because they wear a Tesco uniform or an Aldi shirt. They usually get assaulted for upholding the rules, which are often set by Parliament, but if they do not uphold those rules, they can face serious sanctions and consequences—for example, for failing to verify age for the purchase of knives or alcohol. Parliament and the Government impose statutory duties on our retail workers, and it is only right that we back them with statutory protections.

The Association of Convenience Stores 2025 crime survey found the top three triggers for assaults on retail workers were: encountering shop thieves; enforcing an age-restricted sales policy; and refusal to serve an intoxicated customer—which, of course, is another responsibility imposed on them by Parliament.

[Joe Robertson (Isle of Wight East) (Con)]

My hon. Friend paints a disturbing picture of this significant problem, in many cases using the statistics. I worry that perhaps there is not the awareness within the general public—although there certainly will be among some people—of this crime compared with other crimes. Of course, this law will help to address that, but does he agree that we all share responsibility to ensure that there is better public awareness of this issue so that we can all play our small part in better supporting retail workers?

[Matt Vickers]

Hugely so. The likes of the BRC have run many campaigns to try to get people to shop in a more friendly and responsible way. The reality is that these places are at the heart of the community. If things are going to pot in the high street and the local shop, that undermines all the societal norms that young people might see when they go to the shop—and they then start to live in a different kind of world. There are obviously huge consequences. My hon. Friend is right; it is down to everybody to see this issue for the problem that it is.

Retailers and people who work in the sector say that it does not feel like the police see this problem as a priority. It always seems to be the last on the list. We understand that the police have a huge number of competing priorities on their time and energy, but when it comes down to it, this is a really big deal to the people who get assaulted in their workplace and have to go back there the next day, knowing that they might have to face that self-same crime.

Assaulting a retail worker, alongside assaulting the many other workers who provide a service to the public, is already a statutory offence. New clause 20 makes the case for wholesale workers to be added to the protections in the Bill. Many of us will have heard the case for similar protections for retail delivery drivers who face assault. The Federation of Wholesale Distributors is leading that campaign, stressing the urgent need for the inclusion of all wholesale workers in the stand-alone offence of assaulting or abusing a retail worker.

The Federation of Wholesale Distributors is the member organisation for UK food and drink wholesalers, operating in the grocery and food service markets, supplying retail and caterers via collect, delivery and online. Its members supply to up to 330,000 food service businesses and 72,000 retail grocery stores, supporting local high streets and businesses, large and small, across the UK.

The wholesale sector generates annual revenues of £36 billion, employs 60,000 people, and produces £3 billion of gross value added to the UK economy annually. Approximately £10 billion of that trade goes through cash and carry depots, where staff are increasingly vulnerable to criminal activities, particularly involving high-value goods, such as alcohol and tobacco. According to the FWD’s most recent crime survey, 100% of wholesalers surveyed identified crime as one of their foremost concerns, primarily attributed to what they perceive as “inadequate police responsiveness”. It argues:

“Despite substantial investments in crime prevention measures, wholesalers require stronger support from both the Government and law enforcement.”

Although it welcomes the Government’s commitment to tackling retail crime, it remains

“deeply concerned that the Bill does not extend protections to the majority of wholesale workers.”

The Bill’s current definition excludes 98% of wholesalers—those operating on a business-to-business basis—from the proposed protections. As a result, a significant number of wholesale workers remain unprotected.

Wholesale workers play a vital role in local economies and essential supply chains, ensuring the distribution of food and drink to businesses, hospitals, schools and care homes. It is argued that by leaving them out of the protections in the Bill, their safety, and the sector’s resilience, are compromised. They suggest a more inclusive definition under the stand-alone offence would better safeguard vulnerable workers and strengthen the wholesale sector. I am very keen to understand whether the Minister has considered the proposal on wholesale workers, what her perspective and thoughts on the matter are, and whether she will consider adding it during the passage of the Bill.

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[Matt Vickers]

I very much agree. Delivery drivers go out to alien environments—they could be delivering at the end of some lane in the middle of the countryside somewhere with no one in sight—so they are at substantial risk. I am sure the Minister will tell me that the proposal was not in the previous Criminal Justice Bill, but it has come forward and USDAW has made a good case. We should definitely listen and consider it, and I hope the Minister will give us her thoughts about where we should go with that.

As well as suggesting widening the scope of the provisions to include retail home delivery drivers, USDAW has submitted written evidence suggesting that the Bill could be improved in other ways by widening its scope to include incidents of abuse and threats, and an aggravating factor for incidents following retail workers enforcing statutory requirements, such as age-related restrictions. That would mirror what USDAW considers to be the successful Scottish provisions. Will the Minister comment on those ideas—in particular, an aggravating factor for incidents that come as a result of the enforcing of statutory requirements, and the inclusion of abuse and threats?

During evidence, we heard some queries about whether the inclusion of the assault clause in the Bill is necessary. The former Lord Chancellor highlighted that there has been a departure from what he described as a

“rather interesting amendment tabled in the previous Session to the 2023-24 Criminal Justice Bill by, I think, the hon. Member for Nottingham North and Kimberley (Alex Norris)”.

He said:

“It sought to amend the law to increase protections for shop workers, but with an important expansion: the offence would be not just an assault, but a threatening or abuse offence as well, which would encompass some of the public order concerns that many of us have about shop premises, corner shops and sole proprietor retail outlets. Yet, we have gone back here to a straight assault clause, which in my mind does not seem to add anything to the criminal code at all.” ––[Official Report, Crime and Policing Public Bill Committee, 27 March 2025; c. 18, Q28.]

That lack of a significant change is noted in the economic note, which states:

“The impact of this new offence is limited as assault on retail workers is already an offence covered under wider assault charges and these cases would have been prosecuted, processed, and determined in the same way without the new offence. Increased costs are only expected through the additional consequence of CBOs for offenders and their possible breaches…There is no definitive evidence that the creation of this new offence will lead to an increase or decrease in the number of assaults on retail workers. The timing of any possible effects is also uncertain”.

That is not to speak against the measure.

[Joe Robertson]

Does my hon. Friend agree that delivery drivers are particularly vulnerable, given that they often work on their own in an unfamiliar place, and go to addresses they have not been to before, so there are some very strong stand-alone arguments for including them within the protections of the Bill in a stronger, more effective way?

[Matt Vickers]

My hon. Friend makes a valid point. People often order stuff to be delivered to their house; an Uber Eats driver might turn up at whatever time of the night. The people who arrive tend to turn up when people are not at work, so they could be there of an evening, when it is dark or at inconvenient times, when the risk is probably higher. They could be in any setting, and it will be unfamiliar to them but familiar to whoever they happen to be visiting. We have to give some thought to this issue, and I am interested in what the Minister will have to say on it.

This is not to speak against the measure, but is the Minister confident that it is drafted in a manner that will reduce assaults against shop workers, as well as abuse and threats? Could it be broader, to encompass antisocial behaviours that have no place on our streets? I am delighted that the incumbent Government are continuing with the proposals of their predecessor in creating this stand-alone offence, but we wish to make some proposals for improving it.

First, amendment 29 would require the courts to make a community order against repeat offenders for retail crime in order to restrict the offenders’ liberty. A huge amount of such crime is committed by repeat offenders. I would be grateful if the Minister could give us her perspective on the proposal.

We are grateful that the proposals from the last Government’s Criminal Justice Bill are being brought forward in this Bill, but I was disappointed that the new legislation does not include the mandatory requirement for a ban, electronic tag or curfew to be imposed on those committing a third offence of either shoplifting or assaulting a retail worker. Many retailers believe that this would ensure that the response to third offences would be stepped up, and would provide retail workers with much-needed respite from repeat offenders. To this end, we tabled new clause 26. Again, I would be grateful for the Minister’s view on it, and for her rationale for what some might consider a watering-down of the sanctions.

I note that clause 15 sets out that those under the age of 18 will not be subject to a criminal behaviour order. Will the Minister comment on the frequency of involvement in retail crime by under-18s? Why are criminal behaviour orders not necessary to deter them?

One of the points made about the stand-alone offence, over and above the sanction and the consequence, is that it is about increasing police response time, as well as accountability and transparency. By having a stand-alone offence, we will have data on where and how often these things occur, and we can then measure where the police are and are not taking the required action. On that basis, has the Minister given any thought to how to manage that data, how we might hold to account police forces with the greatest volume of such offences and how we can look at ensuring that all police forces have a consistent response?

[Anna Sabine (Frome and East Somerset) (LD)]

I will make a slightly shorter speech. [Hon. Members: “Hear, Hear!”] I welcome the Government’s measures to protect retail workers against assault. I have seen the evidence of this challenge at first hand in my constituency. In Frome, we have an amazing small independent shop and art gallery that has been repeatedly targeted by groups of young people who are spray painting graffiti on the windows and shouting abuse at retail workers and shoppers. This is part of a wider picture of antisocial behaviour that is happening on our high streets, and that neighbourhood police are working so hard to tackle. As we said in previous discussions, we need to support neighbourhood police and resource them to do so.

Retail workers are on the frontline of the much wider antisocial behaviour we see in our towns and cities. As we know, high street businesses are critical not only to our economic success, but to the wellbeing of the places we live and work in. It is vital that they can recruit and retain staff who can come to work without fear of being threatened or assaulted. However, the Minister should consider that it is not only retail workers who are victims of assaults; bank branch workers in customer-facing roles should have the same level of protection.

At a recent constituency breakfast, I spoke with a representative from Barclays bank. He told me that there were more than 3,500 incidents of inappropriate customer behaviour against Barclays staff in 2024, with more than 90% involving verbal abuse, as well as many other incidents of smashed windows and graffiti. Bank branch staff across the UK would be grateful if the Minister could extend to them the protections being provided to retail workers.

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There was a point raised about abuse. Common assault is an act by which a person intentionally or recklessly causes another to suffer or apprehend immediate unlawful violence. To be clear, verbal threats are included within that, but it will be a matter for the police to decide whether to take cases forward, along with the CPS.

[Matt Vickers]

That point has been mentioned several times. We heard what Rob Buckland thinks about extending the offence beyond assault, because the Bill refers specifically to assault. The hon. Member for Nottingham North and Kimberley had tabled an amendment to the previous Bill to provide a broader definition that would cover abuse as well as assault. Does the Minister feel that there is a question mark around that point, or does she feel that it has been misunderstood by the people commenting on it?

[Dame Diana Johnson]

I will come on to that point in more detail in a moment; I just want to deal with the point raised by the hon. Member for Windsor about security staff. The offence will cover security staff who are employed directly by retailers and those employed by a third party on behalf of a retailer.

I want to move on to amendment 29 and new clause 26 tabled by the shadow Minister, which seek to make further provision on the sentencing of repeat offenders convicted of assaulting a retail worker. As I have tried to set out repeatedly, we take prolific offending extremely seriously, and it is helpful to have this opportunity to set out our approach.

As the Committee will be aware, sentencing in individual cases is a matter for our independent judiciary, which takes into account all the circumstances of the offence and the offender, and the statutory purposes of sentencing. The courts have a broad range of sentencing powers to deal effectively and appropriately with offenders, including discharges, fines, community sentences, suspended sentences and custodial sentences where appropriate. Previous convictions are already a statutory aggravating factor, with sentencing guidelines being clear that sentencers must consider the nature and relevance of previous convictions, and the time elapsed since the previous conviction, when determining the sentence.

The Ministry of Justice continues to ensure that sentencers are provided with all tagging options, to enable courts to impose electronic monitoring on anyone who receives a community-based sentence, if the courts deem it suitable to do so. Additionally, although electronic monitoring is available to the courts, it may be not the most appropriate requirement to be added to an offender’s sentence. Many prolific offenders have no fixed abode and live complex, chaotic lifestyles. Imposing an electronic monitoring requirement would likely set up those individuals to fail, instead of helping to improve outcomes for perpetrators of crime and the public.

We cannot consider this issue in isolation. That is why the Government have delivered on a manifesto commitment—we are really quite keen on that—to bring sentencing up to date and ensure that the framework is consistent by launching an independent review of sentencing, chaired by the former Lord Chancellor, David Gauke. The review is tasked with a comprehensive re-evaluation of our sentencing framework, including considering how we can make greater use of punishments outside prison, and how sentences can encourage offenders to turn their back on a life of crime. The review has been specifically asked to consider sentencing for prolific offenders, to ensure that they commit fewer crimes. We look forward to considering the recommendations of the review, following which we will set out our plans for the future of sentencing. It is vital that we give the review time to finalise its recommendations, including on prolific offenders, and that we consider them.

We had quite a lot of discussion about wholesale workers, delivery drivers and bank workers. However, despite the Opposition raising those issues, they did not table any amendments on them. New clause 20, tabled by my hon. Friend the Member for Neath and Swansea East (Carolyn Harris), relates to wholesale workers, and I will discuss it in a moment, but first, a number of Members raised the issue of delivery drivers. We know the really important, dedicated work that delivery drivers do, particularly when we recall what happened during the pandemic. These drivers often deliver items to the most vulnerable in our society, including the elderly, frail and disabled. However, my approach in the Bill is that we must be sure that the new offence that we are creating is proportionate and can be used without creating legal ambiguity.

Any ambiguity in identifying whether an individual is a retail worker will lead the courts to take the case forward as a common assault, as happens at the moment, meaning that the specific recording that the shadow Minister is keen on would, importantly, not be attributed to a retail worker. Delivery drivers cover a wide range of sectors and roles, which is likely to cause issues with defining what a delivery driver is, and therefore with the courts’ ability to use the Bill as we want them to. However, we will use this parliamentary process to scrutinise the provisions in the Bill, as we are doing today, and will consider carefully any amendments that are tabled, as well as any evidence that is put forward in support of them.

On bank staff, it is worth the Committee knowing that officials in the Home Office are meeting with Barclays next week. I am happy to look into what comes out of that meeting. Again, I think we can all agree that bank staff do important work in our communities. As I have said, they are protected by other legislation and a statutory aggravating factor, as public workers. I will come on to discuss that in a moment.

New clause 20 would provide for an offence of assaulting a wholesale worker. Of course, violence and abuse towards any public-facing worker, including wholesale workers, is unacceptable. Everyone has a right to feel safe at work. I, like others present, know the dedicated work that many in the wholesale sector do to ensure that goods are in our supermarkets, so that we always have access to the things that we need in a timely way. However, I do not agree that the offence of assaulting a retail worker provided for by clause 14 should be extended to all wholesale workers.

As we heard in oral evidence—we also have clear evidence from the British Retail Consortium, USDAW and the Association of Convenience Stores’ report—there has been a very worrying increase in violence and abuse towards retail workers. The police have already taken action to assist in tackling retail crime, and I welcome the positive impact that has had on charge rates, with a 52% increase in charge volumes for shop theft in particular. In 2023, as has been referred to already, the National Police Chiefs’ Council published the retail crime action plan. Through that plan, all police forces in England and Wales have committed to prioritise police attendance at a scene where violence has been used towards shop staff, where an offender has been detained by store security, and where evidence needs to be secured and it can only be police personnel. Clearly, that commitment, and other work undertaken by retail, is not preventing this crime, so we want to go further. This new offence of assaulting a retail worker will send the very strong message that violence and abuse towards retail workers will not be tolerated,

On wholesale workers, bank staff and others, assault is already a crime. Everyone is protected from assault; it is criminalised under the Criminal Justice Act 1988, in which common assault has a sentence of six months in prison. The Offences against the Person Act 1861 covers more serious violence, such as actual bodily harm and grievous bodily harm. However, this new offence will help to ensure that assaults on retail workers are separately recorded so that we know the true scale of the problem, enabling the police to respond accordingly.

Going back to why I am concerned about wholesale workers and others, any ambiguity in identifying whether an individual is a retail worker will likely lead the courts to take the case forward as common assault, meaning the specific recording attributed to a retail worker will not occur, which again goes back to the issue of data and recording. I stress that wholesale workers who are working in premises that provide retail sales to the public will be covered by the new offence in clause 14.

In order to help those in the wholesale sector, banking and other areas, including delivery drivers, there is the statutory aggravating factor for assaults against any public-facing worker in the Police, Crime, Sentencing and Courts Act 2022. That aggravating factor ensures that the courts treat the public-facing nature of a victim’s role as an aggravating factor when considering the sentence for an offence, and it sends a very clear message that violence and abuse towards any worker will not be tolerated.

In order to have a proper picture of what is happening, it is critical that incidents of violence and abuse are always reported to the police, no matter in what sector. I encourage businesses to raise awareness of the legislative changes that have been introduced to their organisations to encourage that reporting. I think it is fair to say that the reason the retail sector has been so powerful in making the case to both the previous Government and this Government is because they have that information and data, as they are reporting it. That is why they have been able to get to the point where this clause is now in the Bill.

I think new clause 20 on wholesale workers is currently unnecessary, although I absolutely recognise the intent of my hon. Friend the Member for Neath and Swansea East in tabling it. Again, I echo how unacceptable violence and abuse is towards anybody. In the light of the explanation that I have given in response to the amendments tabled by the hon. Member for Stockton West, I hope that he will agree not to press them to a vote.

--- Later in debate ---

[Matt Vickers]

I welcome the Minister’s comments, which were thoughtful, considered and knowledgeable, as ever. I also welcome her commitment to further the use of facial recognition technology, as well as data, to maximise its benefits. I did not get a commitment on whether the funding would continue, as it was set aside in previous years.

[Dame Diana Johnson]

I am happy to confirm that the £3 million allocated for the financial year 2024-25 has been continued. We have used that to buy 10 vans to help us with the roll-out of live facial recognition, about which I understand the shadow Home Secretary, the right hon. Member for Croydon South, is particularly concerned and anxious, so I can reassure him on that. We are now going through a spending review, and bids will be made for the technological tools that we want our police forces to have to catch criminals and keep us safe and secure.

[Matt Vickers]

I am confident that the Minister understands the huge value that this equipment can have, and I am sure that she will put up a good fight in any Treasury discussions.

Clearly, this is a huge issue to communities across the country. Some of the experiences faced by retail workers are horrific, and MPs are all too familiar with them. There are 2,000 incidents a day involving somebody’s mother, father, daughter, son or grandparent—ordinary people wanting to earn a living, and having to return to the scene of a crime day after day. It is easy to see the challenge the Minister faces in determining the breadth and limits of the Bill, with bids for the inclusion of high-street bank workers, delivery drivers and wholesale workers. I hope that, despite the competition, she will continue to look at how those workers can be better supported and protected.

Regarding tool theft, I pay tribute to the hon. Member for Portsmouth North and the Gas Expert, Shoaib Awan, for leading a huge campaign. I do not quite understand how the hon. Member for Sutton and Cheam was planning to slot the issue into the Bill, but he will be glad to know that some of us have done the homework, and there are some meaningful amendments to be considered later in the Committee’s scrutiny. In fact, I declare an interest: my dad is a builder.

Amendment 29 and new clause 26 seek to strengthen the Bill to deter those who would do harm to our retailers and retail workers, and we intend to divide the Committee on them—although I understand that the new clause will be decided on later.

Question put and agreed to.

Clause 14 accordingly ordered to stand part of the Bill.

Clause 15

Assault of retail worker: duty to make criminal behaviour order

Amendment proposed: 29, in clause 15, page 25, line 11, at end insert—

“(4) If the offender has previous convictions for an offence under section 14 of the Crime and Policing Act 2025 (assault of a retail worker) or for shoplifting under section 1 of the Theft Act 1968, the court must make a community order against the offender.”—(Matt Vickers.)

This amendment clause would require the courts to make a community order against repeat offenders of retail crime in order to restrict the offender’s liberty.

Question put, That the amendment be made.

--- Later in debate ---

[The Parliamentary Under-Secretary of State for Justice (Alex Davies-Jones)]

I thank the hon. Member for Stockton West for tabling new clause 25. As he will be aware, under the previous Government shop theft was allowed to increase at an alarming rate—it was up 23% in the year to September 2024—and more and more offenders are using violence and abuse against shop workers, as we have just debated.

This Government have committed to taking back our streets and restoring confidence in the safety of retail spaces, which is why we have brought in measures to address what is essentially immunity for so-called low-value shop theft, which the previous Conservative Government introduced. Shop theft of any amount is illegal, and by repealing section 22A of the Magistrates’ Courts Act 1980, we will help to ensure that everyone fully understands that.

Under section 22A, theft of goods worth £200 and under from shops is tried summarily in the magistrates court. The previous Government argued the legislation was introduced to increase efficiency, by enabling the police to prosecute instances of low-value theft. However, it has not worked. Both offenders and retailers perceive this effective downgrading of shop theft as a licence to steal and escape any punishment. Clause 16 therefore repeals section 22A.

Let me be unequivocal: shoplifting of any goods of any value is unacceptable, and it is crucial that the crime is understood to be serious. With this change, there will no longer be a threshold categorising shop theft of goods worth £200 and under as “low-value”. By removing the financial threshold, we are sending a clear message to perpetrators and would-be perpetrators that this crime will not be tolerated and will be met with appropriate punishment. The change also makes it clear to retailers that we take this crime seriously and they should feel encouraged to report it.

I turn to the shadow Minister’s new clause 25. The Government take repeat and prolific offending extremely seriously. I remind the Committee that sentencing in individual cases is a matter for our independent judiciary, who take into account all of the circumstances of the offence, the offender and the statutory purposes of sentencing. The courts have a broad range of sentencing powers to deal effectively and appropriately with offenders, including discharges, fines, community sentences, suspended sentences and custodial sentences where appropriate. In addition, as the Minister for Policing, Fire and Crime Prevention has already said, previous convictions are already a statutory aggravating factor. Sentencing guidelines are clear that sentencers must consider the nature and relevance of previous convictions, and the time elapsed since the previous conviction, when determining the sentence.

The Ministry of Justice continues to ensure that sentencers are provided with all tagging options, to enable courts to impose electronic monitoring on anyone who receives a community-based sentence if they deem it suitable to do so. It is important to note that electronic monitoring is already available to the courts when passing a community or suspended sentence. However, it may not always be the most appropriate requirement for an offender’s sentence. We believe that the courts should retain a range of options at their disposal, to exercise their discretion to decide on the most appropriate sentence and requirements.

We cannot consider this issue in isolation. This is why we have launched an independent review of sentencing, chaired by former Lord Chancellor David Gauke, to ensure that we deliver on our manifesto commitment to bring sentencing up to date and ensure the framework is consistent. The review is tasked with a comprehensive re-evaluation of our sentencing framework, including considering how we can make greater use of punishment outside of prison and how sentences can encourage offenders to turn their backs on a life of crime. The review has been asked specifically to consider sentencing for prolific offenders, to ensure that we have fewer crimes committed by those offenders. It is vital that we give the review time to finalise its recommendations, including on prolific offenders, so that we are able to set out our plans for the future of sentencing in the round.

On this basis, I commend clause 16 to the Committee and ask the hon. Member for Stockton West not to move his new clause when it is reached later in our proceedings.

[Matt Vickers]

Shop thefts are on the increase, with recorded crime data showing 492,124 offences in the year—a 23% increase on the previous year. The British Retail Consortium 2025 retail crime report suggests that despite retailers spending a whopping £1.8 billion on prevention measures, such crime is at record levels, with losses from customer theft reaching £2.2 billion.

As things stand, shop theft is not a specific offence but constitutes theft under section 1 of the Theft Act 1968. It is therefore triable either way—that is, either in a magistrates court or the Crown court. Section 22A of the Magistrates’ Court Act 1980, inserted by the Anti-social Behaviour, Crime and Policing Act 2014, provides that where the value of goods is £200 or less, it is a summary-only offence. Clause 16 amends the 1980 Act, the 2014 Act and others to make theft from a shop triable either way, irrespective of the value of the goods.

[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.)