HC Deb 09 June 1980 vol 986 cc22-4
28. Mr. Adley

asked the Attorney-General when he last issued guidance to magistrates on sentencing policy in shoplifting cases ; and if he will make a statement.

The Solicitor-General (Sir Ian Percival)

No specific advice on sentencing for shoplifting is given to magistrates. General advice on sentencing policy is part of the training that magistrates are required to undergo before entering upon their duties.

Mr. Adley

Is my hon. and learned Friend aware that as a result of the pressure on court and police time it is clear that in certain parts of the country the police are encouraging people to plead guilty to shoplifting, regardless of whether there was an intent to steal, in order, as the police say, to save time and embarrassment? Is that not an incitement to commit perjury? Will my hon. and learned Friend make sure that magistrates are aware that it is their duty to ascertain that there was a clear intention to steal before someone can be convicted of this crime?

The Solicitor-General

I dare say that there may often be an inclination on the part of persons who find themselves before a court to plead guilty to get the case over quickly and/or o avoid publicity, but it would be wrong for anyone to bring pressure to bear on them to that end. I confirm what my hon. Friend said. What he called shoplifting is simply one instance of theft. In common with all other thefts, it is an essential ingredient of the offence that the person charged with it intended dishonestly to take and keep the goods. That element must be established by whoever is prosecuting. It is not enough that there should be mere possession of goods. My hon. Friend also referred to the duty of the court to satisfy itself that a plea of guilty is made in full understanding and knowledge of the ingredients of the offence by the person concerned. I confirm that as a well-established and well-known principle of the administration of justice in our courts.

Mr. Archer

Does the hon. and learned Gentleman recollect that even where there is a plea of guilty, shoplifting cases, as the Attorney-General was kind enough to agree with me at Question Time on 24 March, cover a whole range of situations, from deliberate professional crime to lapses of mind, and that these are matters that should be taken into account by those who have to decide whether to prosecute? In the next circular, will the hon. and learned Gentleman remind magistrates of their power to deal with prosecutions which ought not to have been brought, by way of costs?

The Solicitor-General

As a practitioner, I happily confirm what was said by my right hon. and learned Friend the Attorney-General on the date quoted. Circulars are a matter for my noble Friend the Lord Chancellor, but no doubt he will see what the right hon. and learned Gentleman said.

Mr. Hill

Does my hon. and learned Friend agree that perhaps the police could advise the management of stores and supermarkets, since prevention is the best policy? Surely, a lot of the blame could fall on the shoulders of management that has too few staff and displays its goods in a haphazard way.

The Solicitor-General

I am sure that in some cases that may be so. It is no bad thing that these points are frequently aired in this House. My hon. Friend's question began by suggesting that a further duty should be placed upon the police. That I would doubt.

Mr. Douglas-Mann

Is the Solicitor-General aware that in many magistrates' courts a form for application for legal aid is issued in shoplifting and other cases that requires the defendant to disclose previous convictions and the nature of his defence? Will the Law Officers take steps to ensure the withdrawal of this offensive and damaging form?

The Solicitor-General

In common with all other matters relating to magistrates' courts, this is one for the Home Office. It is under consideration in the Home Office now.