Shoplifters will benefit most from the government’s plans to impose a moratorium on jail sentences of less than 12 months in England and Wales, figures show.
Despite Rishi Sunak’s attempt to introduce tough sentences for criminals in the run-up to the general election, shoplifters, offenders convicted of battery, and those who have assaulted emergency workers, are the top three groups who will avoid prison under the government’s new measure.
Shoplifters account for more than one in eight offenders who will not face jail and who will instead receive a suspended sentence, the data shows.
In October the justice secretary, Alex Chalk, set out measures for criminals facing jail sentences of under 12 months to receive suspended sentences and community service, as part of wider plans to tackle overcrowding in prisons across England and Wales.
Criminals will instead be punished with an order to take part in community payback schemes, which would include “cleaning up our neighbourhoods and scrubbing graffiti off walls”, he said.
Chalk added: “The taxpayer should not be forking out for a system that risks further criminalising offenders and trapping them in a merry-go-round of short sentences.”
Ministry of Justice data revealed by the justice minister, Edward Argar, in response to a parliamentary question show that shoplifters received the most sentences that in future would be suspended. Last year 5,289 shoplifting sentences of less than a year were handed out, up from 3,848 in 2021.
Common assault and battery accounts for the second most common offence, followed by assault, or assault by beating of an emergency worker, in third.
The top 10 offences have accounted for almost 58% of all sentences of up to 12 months handed out in the past two years. The data comes at a time of heightened concern about organised shoplifting.
As the justice secretary announced his changes to short sentencing, the policing minister, Chris Philp, vowed to crack down on the gangs behind shoplifting.
He said: “I want a new zero-tolerance approach to tackling shoplifting. It is a blight on our high streets and communities and puts the livelihoods of traders at risk. I am determined to drive forward change. While it is encouraging to see a 29% increase in charges for shoplifting in the past year, the rise in offending is unacceptable.”
Last week the former home secretary Suella Braverman criticised the government’s new sentencing plans, saying that they would put public safety at risk.
Writing for the Telegraph, Braverman said plans to let offenders facing prison sentences of less than 12 months serve their punishment within communities were “misguided”.
She wrote: “The sentencing bill aims to ease pressure on the prison estate but in my opinion will put public safety at risk, place an undue burden on the police and probation service and potentially lead to an increase in crime.”
Labour has vowed to change the law to stop shoplifters who steal goods worth less than £200 avoiding jail.
The shadow attorney general, Emily Thornberry, said: “Shop thieves are becoming increasingly bold and threatening, putting workers who try to stop them at serious risk of harm, and shopkeepers need to know they will get results if they report these incidents.
“If not, we are going to get a vicious circle where the thieves know they can get away with whatever they like, their raids will become ever more frequent and violent, and shop staff will feel increasingly helpless to do anything about it.”
Alex Chalk said: “Time after time Keir Starmer’s Labour party chooses to vote against our plans for tougher sentences, keeping hardened criminals on our streets rather than behind bars. Judges will still be able to send shoplifters to prison, including when offenders are in breach of a court order.
“And under our plans, we’ll have twice as many tags available so that prolific shoplifters can be tracked 24 hours a day, while they pay for their crimes by cleaning up our streets.”
Top 10 offences given sentences of between six and 12 months in the last two years (2021/22)
Theft from shops – 3,848 / 5,289
Common assault and battery – 3,153 / 3,071
Assault or assault by beating of an emergency worker – 3,050 / 2,233
Breach of restraining order (Protection from Harassment Act 1997) – 2,221 / 2,477
Having an article with a blade or point in a public place – 2,089 / 2,346
Driving while disqualified from holding or obtaining a licence – 1,817 / 1,817
Burglary with intent in a building other than a dwelling – 1,392 / 1,868
Assaults occasioning actual bodily harm – 1,316 / 1,470
Production, supply and possession with intent to supply a class B drug – 1,249 / 1,330
Aiding, abetting, causing or permitting reckless driving – 1,430 / 1,260
