Instead, its proposed guideline for theft from a shop states that “members of organised shoplifting gangs who intimidate their victims or use or threaten force should face jail sentences of up to four years.”
While fines should be the starting point for the first-time opportunist thief who steals on impulse, the panel said offences would be aggravated if shoplifters stole from small independent retailers, or were already subject to a banning order.
Sentencing Guidelines 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.”
ACS chief executive James Lowman said: “We welcome the victory of common sense. However we remain concerned that the seriousness of shop theft is not being reflected in the way that offences are dealt with.
“This is a crime that costs our industry millions of pounds, challenges the livelihood of business and that has to be taken very seriously by all from the police right the way to the magistrates court.”
