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Criminal Justice Bill - Sitting 4
14 December 2023
Type
Public Bill Committee
At a Glance
Issue Summary
The statement discusses proceedings of a public bill committee hearing on the Criminal Justice Bill, focusing on clause 32 and related measures to improve the confiscation and recovery of criminal proceeds. Graham Brady chairs a session to hear oral evidence from representatives of the retail industry regarding violence and abuse against retail workers and retail crime. The statement addresses the issue of violence and abuse towards retail workers, highlighting the need for legislative action to protect them. The statement discusses the rising issue of shoplifting and assaults against retail workers, with a focus on the effectiveness of existing measures and the potential benefits of introducing a stand-alone offence for assaulting retail workers. The statement discusses the need for data collection to address retail crime and the potential creation of a stand-alone offence for assaults on retail workers. The statement discusses the issue of retail workers facing increased assaults and the need for special protection through legislation to enforce safety measures. Graham Brady chairs a session with Clare Wade, an independent reviewer of domestic homicide sentencing, to discuss the impact of new legislation on sentencing for those responsible for domestic homicides. The statement discusses the sentencing framework for domestic murders and the inclusion of strangulation as an aggravating factor. The discussion revolves around clauses in the Criminal Justice Bill addressing offences related to encouraging and assisting serious self-harm by victims. Graham Brady concludes the Committee session and announces the next meeting date for line-by-line consideration of the Bill.
Action Requested
Kennedy Talbot recommends two amendments to clause 32: scrapping the 'risk of dissipation' requirement for restraint orders and making management receivers’ costs payable out of central funds. He also suggests using a portion of asset recoveries from ARIS for special expenses.
Key Facts
- Kennedy Talbot is a barrister at 33 Chancery Lane.
- The Public Accounts Committee report in March found that 41% of crime is fraud, but only 1% of reports to Action Fraud result in judicial proceedings.
- There are approximately 900,000 reports made to Action Fraud annually.
- Violence and abuse against retail workers has nearly doubled since pre-pandemic levels.
- There are around 450 incidents per day pre-pandemic, increasing to around 850 per day during the pandemic.
- The issue is prevalent across various types of businesses including food, clothing, fashion, and beauty.
- The cost of shoplifting has reached £1 billion annually for employers.
- Over 3 million retail workers in the UK face abuse, threats, and violence.
- A survey found that 62% of respondents experienced verbal abuse, 56% were threatened, and 5% were physically assaulted.
- There was a nearly doubling of shoplifting and violent incidents towards staff during the pandemic.
- In Scotland, since introducing a specific offence for retail crime in 2021, there have been 6,000 additional police investigations.
- Co-op Group reports a 44% rise in crime incidents, 36% rise in violence incidents, and 38% rise in abuse incidents.
- Serious offenders often face low penalties such as £200 fines.
- The police fail to attend 70% of reported serious incidents in England and Wales.
- Shoplifting is causing £1 billion of stock loss annually.
- Assaults against retail workers have unacceptable levels.
- The Police, Crime, Sentencing and Courts Act 2022 introduced statutory aggravating factors for assaults on public-facing workers.
- The retail crime action plan aims to ensure police attendance at serious incidents.
- Paul Gerrard welcomes the plan but notes current non-compliance with commitments.
- Scotland has over 6,000 investigated cases under their stand-alone offence system.
- There are about 1,000 incidents of abuse or assault against retail workers every day.
- The British Retail Consortium is working to raise awareness of the data requirements for police systems to enable appropriate responses.
- Assaults on public-facing workers, including retail workers, are considered statutory aggravating factors under the Police, Crime, Sentencing and Courts Act 2022.
- Over 90 chief executives signed a letter to the Home Secretary expressing concerns about the impact on their businesses.
- Retailers have spent £1 billion on security measures in the past year, with some investing significantly more than others.
- Operation Pegasus is funded by retail businesses and aims to improve coordination across different parts of the police force.
- Clause 24 in the Criminal Justice Bill encapsulates one of Clare Wade's recommendations.
- The legislation aims to address the harms associated with domestic homicide, particularly the escalation of abuse when a victim attempts to leave the relationship.
- Coercive control is recognised as an aggravating factor that courts can consider during sentencing.
- The current sentencing framework includes a 25-year starting point for taking a weapon to the scene with intent to use it.
- Domestic murders have a 15-year starting point on average.
- Overkill is identified as a significant harm in domestic murder cases.
- Strangulation is recommended as an aggravating factor due to its gendered nature.
- Clauses 11 and 12 address offences related to encouraging and assisting serious self-harm by victims.
- Clare Wade supports the provision for scenarios involving domestic abuse, particularly in cases where individuals are trapped in relationships due to mental health or entrapment issues.
- The Committee will meet again at 11:30 am on Thursday 11 January.
- The current session was ordered to be adjourned.
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