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Restrict the use of penalty notices for disorder in respect of the offence of theft |
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from retail and commercial premises; to revise sentencing guidelines in |
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respect of this offence; to make provision for the recording on a national |
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database of penalty notices for disorder issued; and for connected purposes. |
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Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and |
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consent of the Lords Spiritual and Temporal, and Commons, in this present |
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Parliament assembled, and by the authority of the same, as follows:— |
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1 | Use of penalty notices for disorder for theft offences |
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(1) | The Secretary of State must, within six months of the date on which this Act |
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comes into force, issue guidance under section 6(b) of the Criminal Justice and |
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Police Act 2001 (c. 16) (Secretary of State’s guidance). |
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(2) | The guidance issued pursuant to subsection (1) must provide that, in respect of |
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an offence of theft from commercial or retail premises, a penalty notice for |
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disorder may only be issued if— |
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(a) | the total value of the goods in respect of which an offence of theft has |
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been established is less than £100, |
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(b) | the offender has no previous criminal convictions, |
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(c) | the offender is not under 16 years of age, and |
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(d) | the goods stolen have been returned to the retail premise or the police |
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(3) | Before a penalty notice for disorder is issued under subsection (2), consent to |
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the issuing of such a notice must be given to a police officer by the manager of, |
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or person with responsibility for, the retail premise from which the theft has |
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(4) | A penalty notice for disorder issued under subsection (2) must be issued in a |
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2 | Sentencing guidelines for theft |
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(1) | The Secretary of State must, within two months of the date on which this Act |
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is passed, make a proposal to the Sentencing Guidelines Council under section |
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170 of the Criminal Justice Act 2003 (c. 44) (guidelines relating to sentencing |
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and allocation) that guidelines in respect of the offence of theft from |
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commercial or retail premises be revised. |
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(2) | The proposal made pursuant to subsection (1) must include a proposal for |
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persistent offenders and those causing significant criminal damage whilst |
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committing an offence of theft to be liable to— |
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(a) | a fine not less than level three on the standard scale, or |
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(b) | a community sentence, within the meaning of section 147 of the |
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Criminal Justice Act 2003 (general restrictions on community |
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| whichever is the most appropriate in the circumstances. |
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(3) | For the purposes of this section “persistent offenders” means those offenders |
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who have been found guilty, or issued penalty notices for disorder in respect, |
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of two or more theft offences within the previous 24 months. |
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3 | Penalty notices for disorder on national database |
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(1) | All penalty notices for disorder issued by the police in respect of the offence of |
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theft from commercial or retail premises must, within 24 hours of the offence |
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taking place, be recorded on a central database maintained by such persons |
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and in such manner as the Association of Chief Police Officers may determine. |
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(2) | The recorded information must include— |
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(a) | the name, age and address of the offender, |
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(b) | the offence in respect of which the notice was issued, |
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(c) | the date on which the offence was committed, and |
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(d) | the value of goods stolen. |
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(3) | The records maintained on the database must be deleted or destroyed in |
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accordance with any guidelines which the Secretary of State may issue. |
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4 | Short title, commencement and extent |
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(1) | This Act may be cited as the Theft from Shops (Use of Penalty Notices for |
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(2) | Apart from subsection (3), this Act comes into force on the day on which it is |
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(3) | Section 3 comes into force twelve months after the date on which it is passed. |
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(4) | This Act extends to England and Wales only. |
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