Council Consults on Sentencing Guideline for Theft and Burglary (Non-Dwelling) Offences
10 Mar 2008
The guideline covers four forms of theft – theft in breach of trust, theft from the person, theft in a dwelling and theft from a shop – as well as burglary in a building other than a home.
Theft from the person can involve 'pickpocketing', where the victim is usually unaware of the offence at the time, but there may be cases involving a confrontation between the offender and the victim falling short of robbery.
Thefts from vulnerable victims attract a starting point of 18 weeks' custody. Where the thief steals items worth more than £2,000 or the property is of high sentimental value to the victim, the Council proposes that higher sentences may be appropriate.
The Council's proposals for burglary (non-dwelling) emphasize that targeting vulnerable community premises such as schools, places of worship and doctors' surgeries may result in a higher than usual degree of harm in terms of inconvenience caused and should be regarded as an aggravating factor.
The proposed guideline for theft from a shop provides that members of organised shoplifting gangs who intimidate their victims or use or threaten force should face jail sentences of up to four years.
At the other end of the scale fines should be the starting point for the first-time opportunist thief who steals on impulse.
Offences of theft from a shop will be aggravated, however, if shoplifters steal from small independent retailers, are already subject to a banning order or involve a child in carrying out the offence.
The Council developed its recommendations following advice from the Sentencing Advisory Panel, which consulted widely.
Council Member and magistrate Malathy Sitaram said: "Offences of theft from a shop is the category of theft that most often comes before the courts and amounts to a substantial element of magistrates' workloads.
"During the Panel's consultation many consultees made a strong case about the impact of shoplifting on small shopkeepers and the Council has responded by stressing that offenders who target small independent retailers should face higher sentences.
"We have also emphasised that those who persist in stealing from a shop will face a community or custodial sentence."
Fellow Council member Peter Beaumont said: "Throughout the guideline the Council has sent the message that offenders who target vulnerable victims on the street or in their homes should face custodial sentences.
"We are also recommending that targeting vulnerable premises should be regarded by sentencers as an aggravating factor."
For more detail on the consultation guideline visit http://www.sentencing-guidelines.gov.uk/