New sentencing guidelines for theft

The Sentencing Council has announced new guidelines for theft offences.

The draft guidelines cover a wide variety of types of theft such as pick-pocketing, shop theft, handling stolen goods, leaving a restaurant or petrol station without paying and stealing by employees or care workers.

Existing guidance assesses the harm to the victim by looking at the offence type and financial loss caused. The new guidelines consider the broader impact of the theft on the victim, including factors such as emotional distress, fear and loss of confidence caused by the crime, not covered in the existing guidelines.

They also address gaps in the current guidance, covering common theft offences such as theft of a car or bicycle.

In 2012, just under one in 10 of all cases sentenced in the courts were for theft offences.

The proposed guidelines, which must be followed unless a judge or magistrate feels it is not in the interests of justice to do so, will also introduce a clearer focus on the impact of thefts on victims, and an understanding that the value of stolen items to victims is not just financial.

Chairman of the Sentencing Council, Lord Justice Treacy, said: “As well as providing effective guidance to help sentencers deal with this wide spectrum of offenders, the guidelines will ensure a clearer focus on the impact of thefts on victims beyond just the financial value of what is stolen from them.”

Helen Dickinson, Director General of the British Retail Consortium, said: “Far from being victimless, we all pay for this increased stealing through higher prices and, increasingly, shop closures and damage to our town centres. It is positive that the proposed new guidelines recognise that the impact of theft is not merely financial but has more wide-reaching consequences for businesses and their staff.”

Peter Chapman, Chairman of the Magistrates’ Association Judicial Committee said: “The Magistrates` Association welcomes this comprehensive draft guideline. Magistrates sentence a large number and a large variety of theft cases. Sometimes they have to consider victims who have suffered direct financial loss, and possibly also fear and loss of confidence to go about their daily lives.

“This updated and more detailed guideline will help magistrates identify all the relevant factors to include in their sentencing decisions.”

The proposed guidelines are now subject to consultation closing on June 26. People can respond by visiting www.sentencingcouncil.org.uk.