Shoplifters and Other First-Time Offenders Could Get Cautions Under New Plan

Justice minister Damian Hinds says new system 'simplified'

Undated image of a police officer. Nick Potts/PA

First-time offenders could be given a caution instead of being prosecuted for shoplifting, petty theft and possession of small amounts of drugs without intent to supply under proposals announced by the Ministry of Justice (MoJ).

The draft code of practice, which was published on Wednesday, would govern how police forces across England and Wales respond to low-level offending.

The two-tier caution system was introduced last year.

The more serious offences get a diversionary caution and those who breach the conditions can still be prosecuted for the original offence.

The lower tier is the community caution and those who breach its conditions could get a financial penalty but cannot be prosecuted.

‘System ... has Grown Unwieldy’

Justice Minister Damian Hinds said, “The current system for these punishments has grown unwieldy and has led to inconsistencies in their use.”

“This simplified system will ensure victims see justice being delivered, better nip lower-level criminality in the bud and guarantee the most serious offenders always face the full glare of the courtroom,” he added.

The draft code of practice will provide guidance for the police, prosecutors and other bodies who have the power to prosecute offenders.

The crimes for which cautions could be used would be those which currently end up being handled by magistrates courts, which are currently facing a huge backlog.

They are at the lowest end of offending and include shoplifting, thefts of low-value items which do not involve violence, criminal damage and assaults such as spitting or slapping.

The MoJ pointed out that possession of a bladed article, such as a knife, would not be suitable for a caution under the new approach.

Offenders must admit responsibility for the offence to be eligible for the new cautions and those who deny any guilt would still go before the courts.

Police Commander ‘Delighted’

The National Police Chiefs’ Council’s lead for out-of-court resolutions (disposals), Alison Heydari, said, “I am delighted that we are moving into the next phase of the delivery of the new cautions framework.”

Ms. Heydari, who is a commander in the Metropolitan Police, said: “The new simplified framework affords us the opportunity to divert those away from offending behaviours through appropriate diversionary interventions who otherwise might have entered the criminal justice system. The strategic intention is to support, educate and rehabilitate where it is appropriate to do so leading to better life outcomes for families, communities and wider society.”

But Rory Geoghegan, a former police officer and Downing Street adviser said he feared the new plan might undermine the government’s recent attempts to end the “overly lenient approach to crime and the criminals who commit it.”

Mr. Geoghegan, founder of the Public Safety Foundation, told the Telegraph, “Residents of areas blighted by quality-of-life crimes like shop theft, bike theft, and the possession of crack, heroin, and cannabis will take little comfort from any proposals that enable criminals, at the start of their criminal careers or after not having been caught for a while, to simply continue or even escalate their criminality.”

Earlier this week a government minister said prolific shoplifters should be locked up, even if that meant building more prisons.

Richard Holden, a transport minister, told LBC, “There has been an issue where sometimes the police haven’t concentrated enough on some of these offences. But they really do have a huge impact on our high streets and shops right across the country.”

“If people are particularly prolific on that, then yes, they do need jail time. But I think sometimes that on top of that, you need to tackle some of those underlying causes, such as drug addiction ... which will often lead them to a life of crime. So I’m all in favour of locking people up, if they persistently break the law,” Mr. Holden added.

PA Media contributed to this report.