The Crime & Policing Bill — a turning point for retail crime enforcement?

The current law around tackling retail crime and offering protection for retail workers has faced criticism in recent years for its limited nature and lack of enforceability. This has prompted various campaigns to push for changes to the legislation to achieve greater protection for workers in the retail sector.

Here, Sadie Thomson and Isabelle Carney explore the Crime and Policing Bill which would see the introduction of a standalone offence of 'assault of a retail worker’ and the removal of restrictions around ‘low-value shoplifting’. 

The rise of retail crime

Retail crime poses a real and increasing risk — both in terms of the economic and reputational effect on businesses and the physical and mental effect on workers. Various factors have contributed to the rise in retail crime including the targeting of retailers by organised crime groups and the impact of the cost-of-living crisis which has led some to resort to shoplifting as a means of survival. 

In 2025, the British Retail Consortium published its crime survey report, confirming the following findings relating to the period from September 2023 to August 2024: 

• Incidences of violence and abuse against retail workers were over 2,000 a day — representing a 49% increase from the previous year.
• Customer theft had risen over 20% from the previous year.
• Losses from customer theft reached £2bn.
• The overall cost of retail crime — including crime prevention — was £4.2bn.

In August 2021, the Union of Shop, Distributive and Allied Workers (USDAW) — a representative body and advice provider for workers — launched its 'Freedom From Fear' campaign. The campaign strives for greater legal protections for retail workers and for the prevention of violence, abuse and threats experienced in the sector. USDAW’s 2024 survey found that in the last 12 months, 77% of retail staff had experienced verbal abuse, 53% had been threatened by a customer and 10% had been assaulted. 

The endurance of violence and abuse has become part and parcel of the job description when working in retail — this has to change. 

Is the current law fit for purpose?

Section 22A of the Magistrates Court Act and section 176 of the Anti-social Behaviour, Crime and Policing Act 2014 relate to ‘low-value shoplifting’ and cover the theft of goods valued at less than £200. The legislation states that such shoplifting will be tried in the Magistrates Court — reserved for lower-level offending — unless the suspect opts to be tried before the Crown Court. A person convicted of ‘low-value shoplifting’ can be sentenced to imprisonment of a period not exceeding 51 weeks, a fine or both.

The legislation has faced significant criticism, with many campaigners suggesting a causal link between its introduction and the rise in consumer theft. There remains a perception among retailers of a reluctance within police forces to pursue such offending. The result of this is that only a small percentage of thefts are reported to the police and even fewer result in a conviction. 

Further, many share the view that the practical effect of the low-level sentences passed is that offenders are willing to take the risk of shoplifting. 

Legal reform is on the horizon

The Crime and Policing Bill is currently making its way through Parliament — awaiting its second reading in the House of Lords having been considered by the House of Commons. While it’s expected that the legislation will come into force in late 2025/early 2026, the exact terms remain subject to change and approval. 

The Bill proposes a number of changes, including: 

• The creation of a standalone offence of ‘assault of a retail worker’.
• The repeal of the legislation covering ‘low-value shoplifting’.  

An individual found guilty of the offence of assault of a retail worker could be sentenced to a period of imprisonment of up to 51 weeks, a fine or both. The Court also has the power to impose a criminal behaviour order which can prohibit an offender from doing specific acts, (such as entering certain areas) or require an offender to do specific things (like attending rehabilitation courses). 

The practical effect of the repeal of the legislation covering ‘low-level shoplifting’ means that shoplifting will be dealt with under section 1 Theft Act 1968. Such offending can be triable in both the Magistrates and Crown Courts and attract sentences of up to seven years’ imprisonment. 

It’s also important to note that the theft offence can be charged in addition to the offence of assault of an emergency worker, and any sentence imposed will reflect the totality of the offending. 

How can retailers play their part? 

While the legislative changes are designed to support retailers and workers, efforts to tackle retail crime don’t stop there. Retailers have a key part to play in ensuring that the proposed legal protections have a long-term impact and drive down retail crime. 

Under section 2 Health and Safety at Work Act 1974, employers hold a duty to ensure the health, safety and welfare of their employees. USDAW’s ‘Freedom From Fear’ campaign found that only 52% of workers reported to their employers when they’d been abused, threatened or assaulted at work. 

For the legislative changes to be effective, employers must provide efficient reporting systems and training resources and foster a culture that encourages employees to speak up and take action. Additionally, investment in security measures will assist in detecting and deterring shoplifting, thereby providing a safer working environment for staff. 

For positive change to occur, a joined-up approach between retailers, security providers and law enforcement agencies is essential. 

The ‘Future of Retail’ conference

On 22 October 2025, our retail team will be hosting the ‘Future of Retail: Risk and Resilience Conference’ at our Manchester office. This event will explore critical themes including Martyn’s Law, employee welfare protection, health and safety management, cybersecurity and IT system integrity, AI and counterfeiting and social media risks — all aimed at equipping those who attend with the knowledge and practical tools to safeguard their brand, people and customers. 

Get in touch with Helena Davies to register your interest.

Talk to us

Our retail team works closely with the UK’s largest retailers across beauty and fashion, leisure and hospitality, food and drink, automotive and technology — delivering sector-specific legal advice and guidance. 

If you need guidance or advice in relation to providing support to your employees, our regulatory team is here to help you navigate the evolving retail landscape and its growing challenges. 

Talk to us by calling 0333 004 4488, emailing hello@brabners.com or completing our contact form below.