Abuse against shopworkers set to become a standalone offence

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Serial or abusive shoplifters will face tougher punishments as the government sets out new rules to crack down on retail crime.

The new rules will see assaults against retail workers become a standalone criminal offence, as Prime Minister Rishi Sunak says he wants to send a ‘clear message’ that there will be tough consequences for this kind of behaviour.

The government has said it has made the changes after figures saw attacks on retail workers double in the last year, reaching up to 1,300 reported retail assaults a day.

Abuse against shopworkers

Prime Minister Rishi Sunak said:

“Since 2010, violent and neighbourhood crime in England and Wales has fallen dramatically, showing our plan to keep our streets safe is working. Yet shoplifting and violence and abuse towards retail workers continue to rise.

“I am sending a message to those criminals – whether they are serious organised criminal gangs, repeat offenders or opportunistic thieves – who think they can get away with stealing from these local businesses or abusing shopworkers, enough is enough.

“Our local shops are the lifeblood of our communities, and they must be free to trade without the threat of crime or abuse.”

Retail giants including Co-Op and Tesco have been urgently calling for more measures to protect their staff, after offering them body-worn cameras and increasing security personnel so they feel protected at work.

Paul Gerrard, Campaigns and Public Affairs Director of The Co-op Group said:

“The Co-op sees every day the violence and threats our colleagues, like other retail workers, face as they serve the communities they live in.

“We have long called for a standalone offence of attacking or abusing a shopworker and so we very much welcome the Government’s announcement today.

“The Co-op will redouble our work with police forces but these measures will undoubtedly, when implemented, keep our shopworkers safer, protect the shops they work in and help the communities both serve.”

Meanwhile, Helen Dickinson, Chief Executive of the British Retail Consortium highlighted the importance of campaigning for more to be done as crimes against retail workers soar:

“The impact of retail violence has steadily worsened, with people facing racial abuse, sexual harassment, threatening behaviour, physical assault and threats with weapons, often linked to organised crime. Victims are ordinary hardworking people – teenagers taking on their first job, carers looking for part-time work, and parents working around childcare.

“This announcement sends a clear message that abusive behaviour will not be tolerated and it is vital the police use this new legislation to step up their response to incidents. Together, we must stamp out this scourge in crime that has been sweeping the nation and ensure retail workers are given the vital protections they deserve,” she said.

Shopworker abuse to become a standalone offence – what will change?

Under the new rules, perpetrators could be sent to prison for up to six months, receive an unlimited fine and be banned from going back to the shop where they committed their crimes, with Criminal Behaviour Orders barring them from visiting specific premises.

Breaching an order is also a criminal offence and carries a five-year maximum prison sentence. For the most serious cases of assault, such as causing grievous bodily harm with intent, offenders could face a life sentence.

Serial offenders to wear tags

The government is also stepping up action to clamp down on offenders who repeatedly target the country’s high streets, with serial offenders forced to wear tags to track their movements.

These tags will be a constant and physical reminder to offenders that the Probation Service can find out where they have been and when, and that they risk being sent to prison if they refuse to obey the rules.

Under an amendment to the Criminal Justice Bill, if an offender is found guilty of assaulting staff three times, or is sentenced for shoplifting on three separate occasions, they should be made to wear a tag as part of any community order.

Partnership with police

Ahead of this legislation coming in, the government will partner with a police force to pilot a bespoke package of community sentencing measures which can be used by judges to tackle high levels of shoplifting, sending a clear message that repeat criminality will not be tolerated.

The government is also increasing the use of facial recognition technology to help catch perpetrators and prevent shoplifting in the first place. Backed by a £55.5m investment over the next four years, the police will be able to further roll this new state-of-the-art technology.

The mobile units will take live footage of crowds in towns and on high streets, comparing
images to specific people wanted by the police or banned from that location. Police in the area will then be alerted so they can track down these offenders.

Crime and Policing Minister, Chris Philp, said:

“Sadly if you speak to anyone working in retail, they will tell you of the verbal abuse and sometimes violent assaults they’ve been victims of, simply for trying to do their job.

“In no other work place would this be accepted. I have been driving forward action to improve the police response to retail crime since I became Policing Minister because nothing less than a zero-tolerance approach will do.

“That’s why today we’re sending a clear message to criminals that enough is enough bringing forward further measures to protect retail workers and crack down on those who continuously disregard the law.”

All police forces across England and Wales made another significant commitment last year to prioritise police attendance at the scene of a retail crime incident where violence has been used towards shop staff, where an offender has been detained by store security, or where evidence needs to be secured and can only be done by police personnel.

Abused or attacked at work – what can I do?

If you have been abused or violently attacked while working in retail, you may be entitled to claim against the perpetrator. If you have been the victim of a violent crime, in a relevant place, the Criminal Injuries Compensation Act 1995 (CICA) may cover the offence.

The CICA is designed to compensate blameless victims of violent crimes including physical and sexual assaults. The CICA has been revised in 2001, 2008 and 2012 and compensates for over 300 different injuries.

Individuals may be eligible for an award if they sustain a criminal injury directly attributable to being a direct victim of a crime of violence committed in a relevant place.

What is a ‘Crime of Violence’?

The CICA defines a ‘Crime of Violence’ as a crime which, by intention or recklessness, involves any of the following:

A physical attack
Any other act (or failure to act) of a violent nature which causes physical injury to a person
A threat against a person causing fear of immediate violence
Sexual assault
Arson

What is a ‘Relevant Place’?

A relevant place means Great Britain. However, some further niche areas fall under the CICA’s definition. This includes a British-controlled aircraft, a British-controlled hovercraft, or a lighthouse off the coast of Great Britain.

Can my conduct or previous convictions affect my eligibility?

The CICA has the power to apply reductions or even outright reject an application if, before, during, or after the incident giving rise to a criminal injury, the applicant’s conduct makes it inappropriate to make an award or full award.

In some circumstances, it may reduce or even withhold a compensation award where an applicant has previous criminal convictions. This is largely dependent on whether a conviction is ‘spent’ or ‘unspent’.

Simply put, each conviction has a period in which it remains relevant in law until it has elapsed. This time differs depending on the severity of the offence.

Some criminal offences, while unspent, will completely restrict the CICA’s ability to grant compensation to an individual. Some examples are as follows:

Time limits

As a general rule, the crime must have taken place within the last two years to put in a criminal injury application to the CICA. There can be exceptions to this rule if, due to exceptional circumstances, the applicant could not have applied earlier.

If an applicant was a child under the age of 18 on the date of the criminal incident, they have until they turn 20 years old to submit a claim.

The Crown Prosecution Service (CPS) and the police have been known to tell an individual not to put in a claim to the CICA until after a criminal investigation has concluded however this can put you in severe danger of missing the pre-imposed deadlines that have been set.

How does the CICA assess injuries based on the tariff?

The CICA introduced a statutory scheme in 1996 that has undergone multiple amendments over the past two decades. The current Scheme (the 2012 edition), contains an injury tariff that provides for multiple common injuries ranging in severity and value.

Common awards include:
A fractured jaw bone resulting in ongoing problems. This would be valued at £3,500 and could rise to £6,200 if an operation had taken place.
Facial scarring causing serious disfigurement. This could be valued up to £11,000.
Injuries resulting in permanent tinnitus which is very severe can be valued at £16,500.
Loss of teeth could be valued up to £3,500.
A permanent and seriously disabling psychological injury, with a potential value of up to £27,000.

How to make a claim

If you have suffered a violent attack at work, you may be entitled to make a claim for the damages.

The team of experts at Oakwood Solicitors Ltd agrees to work on your CICA criminal injury claim on a ‘no-win, no-fee’ basis. If your claim is unsuccessful, you will not be expected to pay us a penny.

If you are successful in your claim, we take a percentage of the compensation meaning that the only time we will receive money is if we have brought your claim to a fruitful conclusion.

You will have a dedicated advisor who will see your claim through from start to finish, assisting you in the event of any queries or issues you may have. If it is preferable to you, we are able to assign you one of our female advisors to carry out your claim.

Your case handler will also continue to provide regular updates until the conclusion of your claim, ensuring the process is as stress-free and effortless as possible.

Retail crime: Abuse against shopworkers to become a standalone offence