Shoplifting (Private Prosecutions)

Oral Answers to Questions — Attorney-General – in the House of Commons at 12:00 am on 20 July 1981.

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Photo of Mr Greville Janner Mr Greville Janner , Leicester West 12:00, 20 July 1981

asked the Attorney-General how many representations he has received regarding private prosecutions for theft from shops in the metropolitan and Northumbria police districts.

Photo of Sir Ian Percival Sir Ian Percival , Southport

The Attorney-General has received no representations regarding private prosecutions for theft from shops in the Northumbria police district.

Since 12 January 1981, when I replied to a similar question tabled by my hon. Friend the Member for Christchurch and Lymington (Mr. Adley), one letter has been received referring to a private prosecution for theft from a shop in the Metropolitan Police district.

Photo of Mr Greville Janner Mr Greville Janner , Leicester West

Is it not correct that the Metropolitan Police and the Northumbria police are the only police authorities that still refuse to prosecute for what they choose to call petty theft or shoplifting? Has not the time come when all prosecutions for these offences should be brought on behalf of the public by the police? Will the right hon. and learned Gentleman undertake to study the excellent arrangement already in force in Essex, where the police prosecute for these offences, where the person accused is old or ill or is a child, only after proper investigations have been made into the best way of dealing with the case?

Photo of Sir Ian Percival Sir Ian Percival , Southport

It is a fact that the Northumbria and Metropolitan Police districts are the two that leave it almost entirely to private prosecution.

It is perhaps interesting to remember, in that connection, my answer to the substantive question. There have been no complaints about Northumbria, and very few about the Met.

I shall, of course, look at the Essex case and, if the hon. and learned Gentleman cares to send me more details about it, I shall be happy to look at them. He will also have in mind what was said by the Royal Commission on criminal procedure in this report, which is currently being considered. Now is a suitable time for any representations to be made to the Minister responsible, namely, my right hon. Friend the Home Secretary.

Photo of Bernard Braine Bernard Braine , Essex South East

Will not my hon. and learned Friend agree, however, that distressing cases emerge from time to time where there should have been no prosecution? Would not it be appropriate to have some new machinery to deal with allegations of shoplifting when elderly people are involved who have no previous convictions?

Photo of Sir Ian Percival Sir Ian Percival , Southport

My hon. Friend probably has in mind exactly the case that I have in mind, and it has made quite an impression upon me. It concerned an elderly lady who was so shocked and ashamed that she did not tell anyone, even her daughter. Therein lies the trouble. If she had confided in someone sooner, help undoubtedly would have been available and would have been given. If that is the case that my hon. Friend is thinking about, I am happy to think that once that elderly lady told people of the trouble that she was having, there were those very ready to help her.

Photo of Mr Jeffrey Thomas Mr Jeffrey Thomas , Abertillery

Does the Solicitor-General agree that that is one of very many distressing cases connected with so-called shoplifting charges? Will he arrange to meet the Home Secretary at the earliest moment to discuss the report of his advisory committee that has been looking; into cases of shoplifting for many months?

Photo of Sir Ian Percival Sir Ian Percival , Southport

I agree entirely with part of the hon. and learned Gentleman's question. There are some very distressing cases. Usually they involve people who have not given themselves the opportunity to receive help. There are some cases where, far from seeking help, accused people have tended to shut the door on those who would help them.

I am not so sure that I agree with the other part of the hon. and learned Gentleman's question in which he said that there are a lot of such cases. It does not lesser the importance of each case that arises, but, happily, there is no evidence that the number is very large.