New measures in the Crime and Policing Bill will ensure the police and courts have the necessary powers to help tackle assaults against retail workers and shop theft, the government has said.
Assaulting a shop worker will become an offence in its own right
If an individual assaults a retail worker, under the new offence the offender can face up to six months in prison and/or an unlimited fine.
If it is the offenders first conviction, the courts could impose a criminal behaviour order (CBO), said the government.
A CBO prevents the offender from doing certain things listed in the order, which may include prohibiting actions that cause harassment or distress. It can also stop offenders from entering specific shops or locations.
The Bill defines a retailer worker as someone who:
(a) is working on or about retail premises, and
(b) is working there for or on behalf of the owner or occupier of those 30 premises or is the owner or occupier of those premises.
The Bill describes retail premises as:
(a) premises used wholly or mainly for the purposes of the sale of anything by retail, or
(b) premises used mainly for the purposes of the wholesale of anything, if the premises are also used for the purposes of the sale of anything by retail, and here “premises” include a stall or vehicle.
Tackling low-level shop theft
The Bill will scrap the “effective immunity” granted to shop theft of goods to the value of £200 or less. This will ensure that all shop theft offences are tried as ‘general theft’ with a maximum custodial sentence of seven years.
Frequently asked questions answered by the government
Common assault is already an offence. Why are you creating a bespoke offence of assaulting a retail worker?
It is unacceptable that shop theft and violence and abuse towards retail workers continues to rise. We ask retailers to perform a significant act of public service as they enforce restrictions on the sale of items including cigarettes, alcohol and knives.
This bespoke offence will send a clear signal to perpetrators that assaults on retail workers are unacceptable and won’t go unpunished. Upon first conviction, there will be a presumption on the courts to impose a CBO which will prohibit the offender from doing anything described in the order and could bar them from visiting affected shops or premises.
This offence will also help ensure assaults on retail workers are separately recorded, so we know the true scale of the problem, enabling the police to respond accordingly.
Retailers experience high volumes of abuse from people who live in the same locality. What can be done to support them?
It is unacceptable that retail workers are subject to violence and abuse. Everybody has a right to feel safe on the job. In addition to introducing a bespoke offence of assaulting a retail worker, the police also committed in 2023 to prioritise attendance where violence has been used against shopworkers.
The Minister for Policing, Fire and Crime Prevention will continue to host the Retail Crime Forum to ensure regular engagement with law enforcement and the retail sector and to discuss what more we can do to tackle retail crime, including abuse.
Why are you repealing section 22A of the Magistrates’ Courts Act 1980 when police have confirmed the £200 threshold does not preclude police action?
The government welcomes the National Police Chiefs’ Council Retail Crime Action Plan, which includes a commitment to prioritise police attendance at the 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 can only be done by police personnel. Although there are early positive outcomes following the police’s commitment, there is more to be done.
This legislation has meant that offenders and would-be offenders perceive they can get away with shop theft of goods to the value of £200 or less. Shop theft of any amount is illegal, and repealing this legislation will ensure everyone knows that.
Will repealing the £200 threshold not just add to national Criminal Justice System backlogs and reduce victim satisfaction?
Shop theft of any amount is illegal, and repealing this legislation will ensure everyone knows that. All victims deserve to have a satisfactory outcome when they report a crime, and this government is committed to ensuring victims of crime and persistent anti-social behaviour have the information and support they need.
Retailers are calling for more resources to support the new measures announced in the Bill.
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