Shoplifting Offences (Hansard, 26 June 1984)

§ Lord Gridley
My Lords, I beg leave to ask the Question standing in my name on the Order Paper.

§ Baroness Trumpington
My Lords, the police in England and Wales recorded 236,000 offences of theft from shops in 1983.

§ Lord Gridley
My Lords, I thank my noble friend for that Answer. But is it not a fact that the rigid policies in force fail to distinguish between the menace of the deliberate shoplifter and, say, the confused shoplifter who may be an elderly person of pensionable status, and additionally someone who may go in for shoplifting who is mentally unstable? Has any Government policy guidance been given to authorities on these categories of people?

§ Baroness Trumpington
My Lords, in answer to my noble friend Lord Gridley, the Attorney-General has issued to the police guidelines on the factors to be taken into account when considering whether to prosecute. The guidelines apply to cases of alleged shoplifting, as to other offences. They set out the criteria for prosecutions applied by the Director of Public Prosecutions. The age and mental or physical health of the offender are taken into account. These points have been drawn to the attention of the associations representing the retail trade, but it must be remembered that the final decision is taken by the shop.
In answer to the second point raised by my noble friend with regard to old age pensioners and mentally confused persons, dishonesty is an essential ingredient in the crime of theft. An elderly person who absentmindedly forgets to pay for goods taken in a supermarket without intending to evade payment has a defence to a charge of theft. I would add that magistrates are well aware that theft is not always the intention. Where there is doubt, social and medical reports are sought and these can often uncover the reason behind a seemingly illogical action.

§ Lord Elystan-Morgan
My Lords, would the noble Baroness confirm that Her Majesty's Government have no intention at present of depriving any defendant charged with shoplifting of the right of election of trial by jury? Although the amounts involved are very often small—if not trivial—for a person of hitherto good character a conviction upon a charge of shoplifting can have very grave and weighty consequences.

§ Baroness Trumpington
My Lords, I confirm that the Government have no intention of taking any action other than what the noble Lord suggested.

§ Lord Elystan-Morgan
My Lords. thank you.

§ Lord Sainsbury
My Lords, may I ask the Minister this question. In view of the fact that the Metropolitan Police Commissioner has indicated his willingness to take over prosecutions for shoplifting if he is given the resources so to do, do the Government have any intention of providing those resources? Secondly, what are the Government's intentions regarding the proposals for an independent prosecution service in the White Paper, Cmnd. 9074?

§ Baroness Trumpington
My Lords, the second part of the noble Lord's supplementary question is another matter. If he cares to put down a Question on it I am sure that he will get an Answer.
Regarding the first part of his supplementary, the present policy of the Metropolitan Police in prosecutions for theft from shops is that stores should not be discouraged from mounting private prosecutions. In practice this means that the great bulk of shoplifting cases in London are prosecuted privately and that the police involvement is confined to the purely formal aspects of the process. Thus the position in London differs from that elsewhere in the country, though as a matter of practice some large stores in provincial cities routinely undertake private prosecutions for shop theft.
780 However, there is no question of the police in London compelling the stores to undertake private prosecutions. Where a store specifically ask, the police will normally undertake the prosecution. As the noble Lord said, the commissioner has recently indicated that, as a matter of principle, he is not reluctant for the Metropolitan Police to take on the responsibility for these prosecutions. Any reservations are not of principle but are based on the very considerable resource and organisational implications for the Metropolitan Police. Discussions continue between the Home Office and the Metropolitan Police. I feel sure that in saying that to the noble Lord I am teaching my grandmother how to suck eggs.

§ Baroness Sharples
My Lords, can my noble friend say how many of those charged with shoplifting last year claimed diplomatic immunity?

§ Baroness Trumpington
My Lords, no. I cannot tell my noble friend that. Again, that is another Question.

§ Lord Swansea
My Lords, can my noble friend say how many of those who have been prosecuted were resident in this country and how many were overseas visitors?

§ Baroness Trumpington
My Lords, I think that comes under the heading of not being part of the original Question but goes in with the other question that has just been asked.