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Recommendation 36

36 Deferred Paragraph: 162

A new standalone statutory offence would powerfully reset expectations on retail worker abuse.

Recommendation
Violence and abuse towards retail workers is a complex and multi-faceted issue and any meaningful solution will involve a package of measures from Government, the police, employers, retail workers and the public. Legislation can only ever be one part of the picture. However, we believe that the introduction of a new standalone statutory offence would play an instrumental role in resetting expectations among the public, retail workers and the police. It would send a clear, powerful, and long overdue message that abuse and violence towards retail workers will not be tolerated.
Government Response Summary
The government acknowledges existing offences and sentencing guidelines but, in response to a tabled amendment, has committed to consider a new standalone statutory offence in the Lords if appropriate, taking into account the Protection of Workers (Scotland) Act 2021.
Paragraph Reference: 162
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.