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by Munro Research

Theft from Shops (Use of Penalty Notices for Disorder) Bill


Official Summary

A Bill to restrict the use of penalty notices for disorder in respect of the offence of theft from retail and commercial premises; to revise sentencing guidelines in respect of this offence; to make provision for the recording on a national database of penalty notices for disorder issued; and for connected purposes.

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Overview

This bill aims to restrict the use of penalty notices for shoplifting, revise sentencing guidelines for theft from shops, and create a national database for recording these penalty notices. It seeks to clarify the circumstances under which penalty notices are issued and to ensure harsher penalties for repeat offenders and those causing damage.

Description

The bill makes several key changes to how shoplifting is handled:

  • Penalty Notice Restrictions: Penalty notices for shoplifting can only be issued if the stolen goods are worth less than £100, the offender has no prior convictions, is over 16, and the goods are returned undamaged. The shop manager's consent is required, and the notice must be issued at a police station.
  • Revised Sentencing Guidelines: The Secretary of State must propose revised sentencing guidelines to the Sentencing Guidelines Council. Persistent offenders (two or more offences in 24 months) and those causing damage will face at least a level three fine or a community sentence.
  • National Database: A national database will record all penalty notices for shoplifting, including offender details, offence details, and the value of stolen goods. Data will be deleted according to guidelines set by the Secretary of State.

Government Spending

The bill doesn't directly state the impact on government spending. The creation and maintenance of the national database will likely incur costs, while the revised sentencing guidelines might impact prison and court resources depending on the resulting sentencing practices. No specific figures are provided.

Groups Affected

  • Shoplifters: The bill will likely affect shoplifters, potentially leading to more prosecutions and harsher penalties for repeat offenders or those who cause damage.
  • Shop Owners/Managers: Shop owners and managers will have a greater role in deciding whether a penalty notice is issued, adding to their responsibilities.
  • Police: The police will be responsible for issuing penalty notices under stricter conditions and for recording information on the national database.
  • The Courts: The revised sentencing guidelines will impact the work of the courts, potentially increasing caseloads if there is a shift from penalty notices towards prosecution.
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