Source · Select Committees · Home Affairs Committee
Recommendation 32
32
Deferred
Paragraph: 143
Current legal framework fails to protect retail workers due to insufficient prosecutions and deterrents.
Conclusion
The everyday experiences of retail workers show that the current framework is too often failing to protect them from abuse, provide justice for victims or a deterrent for offenders. With prosecution rates vanishingly small, the existence of an aggravating factor in the sentencing guidelines is not sufficient to deal with the scale of the challenge.
Government Response Summary
The government acknowledges the issue, states existing laws and sentencing guidelines address assaults on workers, and commits to considering a legislative amendment in the Lords and taking the Scottish Act into account.
Paragraph Reference:
143
Government Response
Deferred
HM Government
Deferred
The Government completely understands and sympathises with all workers who serve the public that face violence and other forms of abuse. A wide range of offences already exist that cover assaults against any worker, including retail workers. Such offences include common assault, actual bodily harm, grievous bodily harm, harassment and other public order offences, all of which criminalise threatening or abusive behaviour intended to harass, alarm or distress a person. In addition, courts have a statutory duty to follow sentencing guidelines, which are clear that the fact an offence has been committed against those working in the public sector or providing a service to the public should be treated as an aggravating factor during sentencing, meriting an increased sentence. However, the Government is not complacent about ensuring criminal law is fit for purpose. In response to an amendment tabled to the Police, Crime, Sentencing and Courts Bill on 5 July 2021, the Minister for Safeguarding, Victoria Atkins MP committed to consider an amendment in the Lords if appropriate. We will take into account the text of the Protection of Workers (Retail and Age-restricted Goods and Services) (Scotland) Act 2021 in our consideration.