THOU SHALT NOT STEAL

Effective interventions

for low level shoplifters

Debbie Addlestone Fellowship Year 2014

Dates of travel October 24th to December 5th 2014

2

CONTENTS

Foreword

- Summary of findings

- Recommendations

4

5

Historical Context

- Shoplifting and the law

- Shops and shoplifting

7

9

Social Context

- How prevalent is shoplifting?

- How costly is shoplifting?

- Who is stealing?

- Shoplifting convictions

- Shoplifting prevention in shops

11

13

14

15

16

Personal Context

- Why do people steal?

- Offender management

19

21

Provision for offender rehabilitation

- Global practice

- Overview of observed programmes

24

28

Recommendations

- Retailer contribution

- Offender triage

- Designing a trial for new provision

30

31

33

Conclusions

38

Appendices

- Glossary of abbreviations

- Acknowledgements

- Annex A: Literature on why people steal

- Annex B: A new model

- Annex C: Prolific offenders

- Annex D – Challenges of the US Criminal Justice

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41

44

48

58

62

3

System

4

Foreword

In March 2013, shoplifting hit international headlines as a Los Angeles court ordered

actress and celebrity Lindsay Lohan to attend a Shop Theft Prevention Class. This kind

of court-prescribed course specifically designed to address shoplifting is not mirrored by

any approach to offender management in the United Kingdom.

As a Probation Officer in West Yorkshire for over 30 years and the proud recipient of a

2014 Winston Churchill Travelling Fellowship, I took the view that this was an evidence

and practice gap which could be filled, learning from international best practice.

I prepared for my trip by exploring existing expertise in the UK. I contacted the National

Offender Management Service (NOMS), the Police, Loss Prevention experts, UK

academics, Court staff and other Probation areas, as well as reading numerous articles

and books. I then scoured the internet and spent many evening hours making phone

calls to contacts around the globe, to build up a picture of provision and locations which

could be visited within the time frame. My focus was drawn to the USA and Canada.

I aimed to visit as many projects, programmes and academics as possible within 6

weeks and to gather and assess evidence of programmes that could be successfully

emulated in the UK. I was particularly interested in innovative programmes and those

with a track record of success in terms of low re-conviction and re-offending rates

(rather than simply a high level of programme completion). Prior to my journey I

contacted several well respected academics in the UK, such as Professor Bamfield and

Professor Beck, to ensure that the people and places that had been tabled into the trip

were worthwhile and that there were no obvious omissions.

I have a professional connection to this topic as, during my day to day work with drug

using offenders in the Drug Intervention Programme and as Team Manager of

rehabilitation programme called ‘Positive Futures’, I observed the ‘revolving door’ of

repeat offenders, often for shoplifting.

In early 2014, my provisional research indicated that there were no national group

rehabilitation programmes specifically for shoplifters. Instead, these offenders were

being grouped in with others and expected to attend generic group work programmes

provided by the Probation Service.

There is a local initiative in Leeds called Business Against Crime in Leeds (BACIL) set

up by West Yorkshire Police to work closely with the city’s retail establishments. This

5

programme continues to try and tackle the issue of shoplifting blighting the city, but no

specific consideration has been given to the rehabilitation of the offenders.

This also remains true at a national level. Whilst NOMS gathers strong evidence on the

small number of high risk offenders, there is less understanding of the high volume of

low level shoplifters. In my experience and from conversations with BACIL and others, it

is this latter group which is causing havoc to our communities and retail sectors.

Scouring academic sources, I was unable to find any research on educational courses

specifically for shoplifters, nor was I able to find any research into what would need to

be put in place to challenge the motivation for shoplifting and why it is so prolific.

After meeting with police and retailers in the local area I found a wide consensus that

more evidence was needed to help to find ways of tackling the largely unexplored area

of shop theft.

Following the attention given to shoplifting management by the conviction of Lindsay

Lohan, I set out to find the particular course she was prescribed and to learn what else

was available in North America. I aimed to return with a strong understanding of the

very best international practice in order to design and implement a programme for UK

offenders, initially as a pilot and then explore its viability for nationwide application.

Unfortunately, to my frustration, life is not that simple. The practice I encountered in

North America was divergent and of highly inconsistent quality. In a vastly different

context for offender management, I found no specific course which could be effectively

integrated into UK practice.

An initial practical difficulty was my discovery that, whilst we assume that we speak the

same language as our cousins from across the Atlantic, the reality is somewhat

different! The word ‘programme’ or ‘program’ does not mean the same in America as it

does in the UK. Generally, a programme here is a group setting with costs covered by

the state, but in America a program tends to be delivered one-to-one with offenders

bearing a financial burden.

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Summary of findings

Shoplifting rehabilitation

● In the USA, there are a variety of courses for low level shoplifting offenders.

There are no courses for prolific shoplifters.

● Courses that target low level offenders tend to be:

○ one-to-one counselling

○ a 4/6 hour group work session

○ part of a restorative circle

○ linked to other sanctions such as a tag

○ online or through posted workbooks

○ paid for by offenders

○ pre court and/or as part of a plea bargain pre court and at court

○ poorly evaluated.

● Courses are more collaborative when restorative i.e. ask the offender to ‘repair’

the damage they have caused.

● For first time shoplifters, diversion courses that keep offenders out of court claim

to be successful.

● In Canada, Vancouver has no specific courses (as in the UK) whilst Toronto

provides diversion programmes and some restorative programmes similar to

USA practice.

Criminal Justice Systems

● Throughout my trip across the US, I observed a criminal justice system that was

chaotic, overly punitive and unwieldy. There are, however, oases of innovation

and the law allows for creative diversionary groups to flourish.

● One particular difference with the UK is that the offender is normally expected to

bear the costs of rehabilitation which, unfairly and potentially disproportionately,

affects those in poverty, tilting the system away from the poor.

● In Canada, the system is very similar to the British model, with close parallels in

terms of process, practices and expectation of offenders.

Recommendations

On the basis of my findings, I recommend that in the UK we test an online diversion

rehabilitation course for first time shoplifters. Learning from the US experience, a

pilot course will need to be rigorously evaluated to prove its efficacy. The principles for

the pilot are set out in the last sections of the paper. Practically, I propose to:

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● Build a steering group to lead the design of the pilot programme and evaluation.

This will include partners across the Police, Retailers, Loss Prevention, CRC,

Court, YOS, BACIL, Academia.

● Design a filter system through risk assessment to ensure individual targeting of

offenders to specific programme pathways. This would exclude offenders who

would not benefit from such intervention e.g. those with drug or alcohol addiction.

One option would be to build on the operating model in place in Nottingham.

● Develop a set of online materials to be rolled out and tested, initially in West

Yorkshire. Consider bespoke approaches for specific groups e.g. young people

and women.

● Forge links with an academic institution to ensure an effective evaluation

structure is built into the programme regarding its effectiveness.

Following the introduction of this new programme and roll out, I would propose a second

type of specific intervention, directed at the rehabilitation of prolific shoplifting offenders.

This would be available to courts and prisons as a sentence activity requirement for

rehabilitative purposes. I would look to:

● Research the motivation of shoplifters and contribute to the academic debate in

respect of shoplifting prevention.

● Develop group work programmes for prolific offenders

● Consider the inclusion of homework modules

● Implement group work to include restorative principles

● Combine a specific counselling element attached to the programme

● Design and implement a costing structure following consultation with NOMS and

the steering group

● Forge links with an academic institution to ensure an effective evaluation

structure is built into the programme regarding its effectiveness.

The timing of my research was unfortunate, as it coincided with the dissolution of the

West Yorkshire Probation Service and the split of the Trust and staff into the National

Probation Service (NPS) and the Community Rehabilitation Company (CRC). Shortly

before the trip, I moved to work in the NPS where the focus is on high risk offenders. I

am very grateful to my NPS managers for having generously allowed me the

opportunity to complete the travelling fellowship and to work on a part time basis with

the CRC so that any learning can be shared.

I am grateful to the Winston Churchill Memorial Trust for supporting my research and for

giving me the very generous financial assistance to travel to the USA and Canada. I

would also like to thank the NPS for giving me the time to carry out my research. Most

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especially, I would like to thank the numerous people who have helped me on my

journey (see Acknowledgements).

Finally, any views or opinions presented in this report are solely mine and do not

necessarily represent those of the National Probation Service.

Debbie Addlestone April 2015

9

THOU SHALT NOT STEAL

“The mood and temper of the public in regard to the treatment of crime and criminals is

one of the most unfailing tests of the civilisation of any country.” Winston Churchill.

Shoplifting is a major unresolved issue in the UK. At a national level, we need to look to

research and theory to better understand the causes of shoplifting and to international

best practice to develop effective interventions to rehabilitate and deter offenders.

This paper sets out the historical context of shoplifting, a new model for understanding

individual drivers and an appraisal of the international evidence on what works for

effective rehabilitation with clear recommendations for the UK.

It is apparent that a fresh approach is needed for rehabilitating shoplifting offenders

through new, effective interventions that reduce re-offending for the longer term.

Historical Context

The offence of shoplifting is one which has a long history in the UK, leading to the

development of a thorough legal framework. Expanding levels of commercialisation and

sophistication in store practices have exacerbated the problem.

Shoplifting and the law

Some would say that Eve was the first thief, taking the apple from the tree in the Garden

of Eden with no permission.

The first law relating to theft takes us back to Exodus 20 and Deuteronomy 5. The Bible

states that, “on Mount Sinai, God gave Moses the basic laws for morality”, enshrined in

the 10 commandments. Number 8 states “You shall not steal”. So from the beginning of

time it was universally agreed amongst Judeo-Christian communities that stealing was

wrong.

The first recorded use of the term ‘shoplifting’ in England was in 1673.1 King William’s

Act, known as The Shoplifting Act, 1688, called for the death penalty or transportation

for those found guilty. This was first in a series of laws and Acts of Parliament

1 Walsh, D.P (1978), Shoplifting Controlling a Major Crime, The Macmillan press Ltd

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prohibiting the theft of goods from stores. Convicted thieves who were not condemned

to death were usually sentenced to whipping by the cat-o’-nine tail or branded. “The law

...required that they should be burned with a red hot iron in the most visible part of the

left cheek, nearest the nose...a large T. If he could read, tested out by reading from a

bible in court, theft less than £5 and first conviction would be exempt from hanging so

would be branded on his hand”.2 It wasn’t until 1822 that the death penalty for

shoplifting was abolished.

Today in England we are bound by the Theft Acts 1968 and 1978, which state “a person

is guilty of theft if he dishonestly appropriates property belonging to another with the

intention of permanently depriving the other of it” (Theft Act, section 1(1)).

The Sentencing Council has recently recognised that there needs to be a review of this

legislation and they released a consultation document in April 2014 where Academics,

Magistrates, as well as the general public and relevant Criminal Justice personnel, were

invited to submit their views on the issues surrounding the sentencing of theft offences.

The Council, pointed out that theft from shops was often perceived as a victimless

crime, but then quoted the British Retail Consortium which said “far from being

victimless, we all pay for this increased stealing through higher prices and, increasingly,

shop closures and damage to town centres...as safety is reduced and communities are

blighted.”3

To determine the offence category, the courts are asked to consider various factors:

“…in order to determine the category the court should assess culpability and harm. The

level of culpability is determined by weighing up all the factors of the case to determine

the offender’s role and the extent to which the offending was planned and the

sophistication with which it was carried out.”4

Some argue that our sentencing guidelines on shoplifting are too weak to have a

deterrent effect. Evidence from the London Riots in 2011 shows that speedy tougher

sentencing, deterred crime in the months afterwards: “It is strongly believed that the

2 Smith, Capt. A , (1926) Notorious Highwaymen A Complete History of the Highwaymen, edited by Arthur

L Hayward, George Routledge and Sons Ltd 3 Sentencing Council, Theft Offences Guideline, Consultation, April 2014, www.sentencingcouncil.org.uk

Hayes, R. and Cardone, C. Shoptheft .The Handbook of Security p 303 4 Sentencing Council, Theft Offences Guideline, Consultation, April 2014 p 8 quoting

http://brc.org.uk/brc_policy_content.aspiCat=48&isubcat=646&spolicy=retail+Crime&sSubPolicy+BRC+Retail+Crime+Survey

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visibility of the Criminal Justice System in action reduced copycat disorder and attrition

rates.”5

Whilst shoplifting is a criminal activity that has a direct negative impact on retailers, it

has also become associated with broader problems.6 Eroded profits lead to job losses

and store closures. Profits from stolen goods are linked to the drug trade, organised

crime and terrorism. Shoplifting consumes police resource and is often an entry point to

involvement in more serious and violent crime.7

Shops and shoplifting

Shops as we know them today originated from medieval travelling fairs which developed

into permanent covered stalls that eventually added doors and windows to create more

substantial buildings.

The person who is believed to have had the greatest influence on retailing was Frank

Winfield Woolworth, who first displayed goods inside glass cases. Read et al maintain

that Woolworth’s “ground-breaking marketing decision led to a boom in sales:

customers felt empowered, labour costs dropped, and profits soared.”8

Abelson argues in ‘When Ladies go A-Thieving’ that it was the creation of the

department store in the late 19th century that caused women to see shopping as both a

pleasure and a new personal freedom. They were dazzled with a myriad of goods of

which they could not previously dream. This new open consumerism and desire to own

launched a wave of criminal activity: “aggressive merchandising which intentionally

made it difficult to leave a store empty handed, [became] combined with new middle

class notions of need to submerge traditional considerations” leading to theft.9

Lorraine Gammon in Queen of Thieves maintains that the actual design of the shopping

centres as a self-service set up with a ‘help yourself mantra’, has directly facilitated the

increase in shop theft.10

5 Brian, B. Jaitman, L. Machin, S. (2011) Crime deterrence; Evidence from the London 2011 Riots,

Economic Journal 124 (May) 489-506, John Wiley & Sons. 6 Clarke, R.V. and Petrossian, G. (2012) Shoplifting guide no. 11 2nd ed Centre for Problem - Orientated

Policing 7 Studies show that if the police detected more shop thefts and asked the right questions they would find

that the same offenders are committing burglary too. e.g. Schneider, J. (2005). The link between Shoplifting and Burglary. The Booster Burglar. British Journal of Criminology, 45, 395-401 8 Hayes, R. and Cardone, C. Shoptheft .The Handbook of Security p302-327

9 Abelson E.S. (1989). When Ladies go A-Thieving, Middle Class Shoplifters in the Victorian Department

Store. Oxford University Press , p 6 10

Crowther, E. (1980) Spotlight on The Shoplifter, Justice of the Peace April 19th 1980.

12

Whilst falling outside the scope of this paper, today, there has been an unquestionable

impact from internet shopping on traditional outlets. Joshua Bamfield argues that 1 out

of 5 stores will close in the near future due to the pressure of the internet. There has

been a corresponding increase in cyber-crime with new offences troubling the online

community and banks.11

11

Comments made in conversation with Joshua A.N. Bamfield, 25th June 2014

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Social Context

Whilst there are official statistics, it is very challenging to gain any accurate sense of the

prevalence and cost of shoplifting. Whilst statistical methods for capturing ‘seen’

offences and ‘unseen’ offences and the value and impact of lost goods are often

subjective, to fully understand the importance of this as an issue we must consider its

prevalence.

How prevalent is shoplifting?

It appears that shoplifting offences are increasing with little abatement. The Office of

National statistics state that the police recorded rate of shoplifting in England and Wales

had increased by 7% in 201412, whilst the National Crime picture page of UKCrimeStats

quotes an increase of shoplifting offences nationally from 24.479 in September 2011 to

26,925 offences in February 2015.13

Bamfield (2010)14 captures the key Home Office statistics, which show a high level of

shoplifting crime that has grown exponentially over time:

12

http://www.ons.gov.uk/ons/dcp171778_371127.pdf 13

http://www.ukcrimestats.com/National_Picture/ 14

Bamfield, J.A.N (2012) Shopping and Crime, Crime prevention and Security Management, Centre for Retail Research, Palgrave Macmillan

http://www.ons.gov.uk/ons/dcp171778_371127.pdfhttp://www.ons.gov.uk/ons/dcp171778_371127.pdfhttp://www.ukcrimestats.com/National_Picture/http://www.ukcrimestats.com/National_Picture/

14

According to the Sentencing Council, in 2012 just under 1 in 10 of all cases sentenced

in the courts were for theft.4 This situation has not altered since 1984 when Baumer and

Rosenbaum pointed out “we are hard pressed to find any (crime stats) that are more

prevalent than shoplifting and employee theft...we are hard pressed to find crimes that

are more costly to our society”.15

The UK is known as the shoplifting capital of Europe.16 One recent newspaper article

claims that there has been a reduction in shoplifting offences in London of around 6%

but a corresponding rise in the rest of the country.17 The Police believe that from 2012-

2014, shoplifting has increased by 11% in West Yorkshire and by 21.7% in North

Wales.18

Scholars agree that the actual number of shoplifters apprehended represents the tip of

an iceberg. Evidence suggests that 1 out of every 11 people shoplift19 and that only 1 in

5 apprehended shoplifters are reported to the police. This reflects a pessimistic belief

that reporting shoplifting is pointless and achieves nothing.20 Hollinger and Davies

(2002) found that 24% of apprehended shoplifters were prosecuted. Studies into

conviction rates vary, some finding a rate of 1 in 40 acts leading to a conviction.21

Considering the evidence and based on my own experience and observations, it is

impossible to achieve accurate figures on the prevalence of shoplifting and convictions.

Practices differ within stores, there is no consistency across police response and the

guile of shoplifters means that it is very challenging to determine a robust estimate.

15

Baumer, T.L and Rosenbaum, D.P (1984) Combating Retail Theft: Programs and Strategies, Butterworth Publishers. 16

Student number 10027776, Prolific Shoplifters: A problem for desistant theory and practice. Quote from Norfolk Constabulary (2013) Our Priority is you: Children Taught about Consequences of Shoplifting, available from: http://www.norfolk.police.uk/newsandevents/newsstories/2009/january/consequencesofshoplifting.aspx 17

Mail Online, 7/7/14 http://www.dailymail.co.uk/news/article-2683029/shoplifters-sent-food-banks-instead 18

Mail Online, 7/7/14 http://www.dailymail.co.uk/news/article-2683029/shoplifters-sent-food- banks-instead 19

Smith, B.T. and Clarke, R.V (2014) Shoplifting of Everyday Products That Serve Illicit Drug Uses, Journal of Research in Crime and Delinquency file:///home/chronos/u-28f768e5e7f126f3129d1da744c34c8e2737d165/Downloads/Smith%20&%20Clarke%20(2014).pdf 20

Taylor, N. (2002) Reporting of Crime Against Small Businesses. Australian Institute of Criminology, Trends and Issues in Crime and Criminal Justice, no.242 21

Farrington, D.P. (1999) Measuring , Explaining and Preventing Shoplifting: A review of British Research, Security Journal, 1999, Perpetuity Press Ltd.

http://www.norfolk.police.uk/newsandevents/newsstories/2009/january/consequewnceshttp://www.dailymail.co.uk/news/article-2683029/shoplifters-sent-food

15

Many experts22 agree that any figures on prevalence and conviction should be treated

with extreme caution. In their opinion shoplifting is “without equal when it comes to

under-reporting”.23 24

How costly is shoplifting?

National Association of Shop-theft Prevention (NASP) claim that in the US more than

$13 billion worth of goods are stolen each year.25 Professor Bamfield’s figures for the

US are rather larger at $32.6 billion26 and he states that the figure for the UK is the

equivalent of $5.9 billion (£3,664 million).27 The British Retail Crime Consortium state in

their Retail Crime Survey that there were approximately 3 million offences against

retailers in 2013- 2014 directly adding £603 million to retailers’ costs.28

Whilst these numbers are large and seemingly disparate they remain shocking. This

loss is usually calculated in terms of what is known as “shrinkage”.

The term “shrinkage” is a controversial term used by retailers and academics alike,

referring to the volume of goods lost. Professor Bamfield argues that these figures are

usually inconsistent in their reporting, timescale, approach and coverage.29 In my

conversations with Professor Adrian Beck, he suggested that, as stores have no

accurate idea as to what stock they carry in the first place, any proclaimed shrinkage

data is often entirely fictional. He pointed out that most stores actually have no idea

what stock they possess and therefore cannot accurately know how much is lost

through theft, whether employee theft, shop theft or just basic till error. For example,

some large supermarkets lose a fortune each year just from the produce that they have

to remove from the shelves due to being out of date. Each shop decides on the amount

of loss it can cope with.

22

Dabney, D.A., Hollinger, R.C. , Dugan, L. (2004) Who Actually Steals? A study of Covertly Observed Shoplifters, Justice Quarterly Volume 21 No 4, December 2004 p. 697 23

Comments made by Adrian Beck at a meeting on 9th September 2014 at Leicester University 24

Farrington , D.P and Burrows, J.N. (1993) Did Shoplifting really Decrease? British Journal Criminology. Vol. 33 No. 1 Winter 1993 57-69 25

http://www.shopliftingprevention.org/whatnaspoffers/NRC/PublicEducStats.htm 26

Bamfield, J.A.N (2012) Shopping and Crime, Crime prevention and Security Management, Centre for Retail Research, Palgrave Macmillan. p.1 27

Bamfield, J.A.N. (2010a) Global Retail Theft Baramoter 2010, Nottingham :Centre for Retail Research. 28

http://www.brc.org.uk/brc_policy_content.asp?iCat=48&iSubCat=646&spolicy=Retail+Crime&sSubPolicy=BRC+Retail+Crime+Survey 29

Bamfield, J.A.N (2012) Shopping and Crime, Crime prevention and Security Management, Centre for Retail Research, Palgrave Macmillan. p.4

http://www.shopliftingprevention.org/whatnaspoffers/NRC/PublicEducStats.htmhttp://www.shopliftingprevention.org/whatnaspoffers/NRC/PublicEducStats.htmhttp://www.brc.org.uk/brc_policy_content.asp?iCat=48&iSubCat=646&spolicy=Retail+Crime&sSubPolicy=BRC+Retail+Crime+Surveyhttp://www.brc.org.uk/brc_policy_content.asp?iCat=48&iSubCat=646&spolicy=Retail+Crime&sSubPolicy=BRC+Retail+Crime+Survey

16

Retailers face both direct and indirect costs from shoplifting.30 The direct cost is the

product and the profit from the sale of the stolen item. The indirect cost is the “capital

invested in purchasing, processing, marketing and displaying that item - as well as the

opportunity cost of the item.” These costs are then passed on to the consumer as stores

tend to inflate prices by 10% to 15% as cover.31 Professor Hollinger and Professor Read

Hayes argue that shops do not intentionally calculate a figure to cover loss, as the

retailers’ main driver is to be competitive.32 However experts argue that, despite this,

consumers end up paying for the losses caused by shoplifting.33

Bamfield (2010) presents a holistic estimate of the costs of shoplifting in the UK 34:

Who is stealing?

Evidence suggests that shoplifting is not confined to one part of society but is an

offence often committed by people who would otherwise be viewed as law abiding and

that shoplifters are not homogeneous. They are of differing ages, races, genders and

backgrounds.35 Some estimates suggest that 4-5% of the population are convicted of

shoplifting up to the age 40. Professor Bamfield concludes that the average age of

shoplifters is 26 years 10.5 months with the average value of goods stolen £71.29. He

30

Hayes, R. and Cardone, C. Shoptheft .The Handbook of Security p 303 31

Langton, L and Hollinger, R (2005), Correlates of crime losses in the retail industry. Security Journal, 18(3), 27-44 32

Comments by Professor Richard C Hollinger, Department of Sociology and Criminology & Law at a joint meeting with Professor Read Hayes at the University of Florida on 2nd Dec 2014 33

Comments by Professor Richard C Hollinger, Department of Sociology and Criminology & Law at a joint meeting with Professor Read Hayes at the University of Florida on 2nd Dec 2014 34

Bamfield, J.A.N (2012) Shopping and Crime, Crime prevention and Security Management, Centre for Retail Research, Palgrave Macmillan.p 106 Figure 5.2 UK economic and social costs of retail crime 2010) 35

Hayes, R. and Cardone, C. (2006) Shoptheft. in Gill, M. (ed.) The Handbook of Security, Basingstoke: Palgrave Macmillan, pp.302-27 p.302

17

found that 54% were male and that female offenders were, on average, younger than

the males and stole 12.8% more per incident.36

The consensus amongst experts in the field and Criminal Justice staff who deal with

shoplifters on a daily basis, is that there is no stereotypical shoplifter. However, if

pressed, they would say shoplifters tend to be either teenagers or women of any age

and class. There is a general feeling that males tend to be involved in more expensive

thefts such as cars or credit card thefts. Sarasalo et. al. argue that there may be a

selection bias as to who is apprehended, as security personnel are less likely to look at

the elderly, or well dressed females.37Jackie Lambert suggests that the middle classes

give themselves permission to take their own BOGOF (buy one get one free).38

Those being convicted are more likely to have had at least 10 previous convictions.

Figures quoted in the Daily Mail, in a 2013 article, are that 72,180 people were

convicted of shoplifting of which 44,224 had at least 10 previous convictions.39

Shoplifting convictions

For an offence to be registered, the person needs to be seen. (Some figures state that a

person can steal up to 48 times before they are actually arrested.40) The shop then

needs to make a decision whether to take the matter further. They can simply retrieve

the goods and let the offender leave.

During my travels around the US I found such a great variation in policy for registering

offences that it must be impossible to provide an accurate data set. In New York for

example, several stores are invited to join a diversion scheme but at least one store,

Bloomingdales, refuses to sign up, claiming that they do not want to give the impression

that it is acceptable to steal from their store and that they will always prosecute. The

situation is also very varied in the UK too.

On sighting an offence, the shop can ask for police attendance – the British Retail

Consortium found 47% of shop thefts were reported to the police.41 NASP’s figure is

36

Bamfield, J.A.N (2012) Shopping and Crime, Crime prevention and Security Management, Centre for Retail Research, Palgrave Macmillan. p.4 37

Sarasola, E., Bergman, B. and Toth, J. (1998) ‘ Repetitive Shoplifting in Stockholm, Sweden :a register study of 1802 cases, Criminal behaviour and Mental Health 8, 256-265 38

Proactive Prevention of Shoplifting Conference at Wakefield Police College 17th December 2013

39 http://www.dailymail.co.uk/news/article-2383237/hardcore-shoplifters-10-previous-convictions

40 http://www.shopliftingprevention.org/what-we-do/learning-resource-center/statistics/

41 Mail Online 2/ 8 / 2013 http://www.dailymail.co.uk/news/article-2383237/hardcore-sholifters-10-

previous-convictions

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slightly higher at 50% 42. Clarke and Petrossian would argue that an inflexible attitude

not to call the police can cause staff to become less than enthusiastic about

apprehending shoplifters in future.43

In the UK, if the police attend, they can make a decision whether to give a warning, deal

with a fixed penalty notice, make a civil recovery, civil restitution or arrest the offender.

This decision will be based on a plethora of factors including the shop’s wishes, the

value of the stolen goods, the person’s history and attitude. Crucially it will depend on

the police response, whether they actually attend at all and whether they can face the

paperwork, which is substantial.

Hollinger and Davies believe that retailers prosecute 24% of all those they apprehend.44

They and other scholars argue that the police regularly minimise the impact of

shoplifting and see it as the responsibility of the shop.45 Once arrested the decision to

prosecute lies with the Crown Prosecution Service (CPS).

The next stage is a Court appearance at the Magistrates Court where the Magistrates

are confined by sentencing guidelines. Theft from a shop or stall is covered by the Theft

Act 1968 (Section 1). The offence is triable either way with a maximum sentence of 7

years’ custody and sentences range from discharge to 4 years in custody.

The offender will then be sentenced or given a conditional discharge and will choose

whether or not to comply. Eric Crowther OBE46 sees the paying of a fine as “buying

one's way out of trouble” and not very effective as, in his (probably very accurate)

opinion, they will be back.

There is a wide range of different kinds of convictions that are employed nationally and

internationally to respond to shoplifting.

Shoplifting prevention in shops

Professor Beck describes modern stores as ‘criminogenic environments’ with limited

staff and most items on display. Employee training is key to shoplifting prevention “and

42

http://www.shopliftingprevention.org/what-we-do/learning-resource-center/statistics/ 43

Clarke, R.V. and Petrossian, G. Shoplifting Guide No 11 2nd Edition (2012) Center for Problem- Orientated Policing 44

Hollinger, R and Davies J (2002). National Retail Security Survey: Final Report. Gainesville. FL. Security Research Project, University of Florida 45

Schneider, J. (2005). The link between Shoplifting and Burglary. The Booster Burglar. British Journal of Criminology, 45, 395-401. 46

Crowther, E. Spotlight on the Shoplifter, Justice of the Peace April 19th 1980

19

can also be less costly than technological approaches”.47 Lowes, a large chain in the

USA, has cut shoplifting by employing visible staff who interact with the customer.48

Lorraine Gammon argues that stores are complicit in shoplifting.49 She makes the

interesting point that loss prevention items are added on after construction, the shops

being over reliant on technology with too much emphasis on marketing. Professor Read

points out that many preventive strategies do not work. For example, there is no benefit

from having cameras on the ceiling when the shoplifter is looking down and around.50

New technologies are being employed to address shoplifting, as companies take action

in an effort to be constructive without appearing to condone theft. For example, on my

travel fellowship, I discovered that the American company Rite-Aid are trialling face

recognition software in 300 of their stores.

To support prevention of re-occurrence, some areas use naming and shaming. In one

extreme example, in 2007, as part of a plea bargain constructed with the support of the

affected retailer, an Alabama Judge ordered two women to wear a sign for four hours on

the street, saying “I am a Thief. I Stole From Walmart”.51 The manager of the store

thought it was a positive move and the public embarrassment would act as a

deterrent.52 In Harlem New York, I found shops that displayed pictures of shoplifters at

the front of the store. This would probably lead to what Richard Hollinger calls the

“diffusion effect”, the moving on of the shoplifter to another store.53 In the UK, names

and photographs of offenders often appear in newspapers.

Shops have also utilised social networking to name and shame alleged shoplifters. The

police and their shoplifting taskforces such as BACIL and Shopwatch in Sunderland54

distribute photographs of known shoplifters to participating stores. BACIL provide their

stores with handheld notebook computers which will automatically upload pictures of

known shoplifters.

47

Hayes, R. (1999b) Shoptheft: An Analysis of Apprehended Shoplifters , Security Journal, 7(1) 11-14 p.317 48

Jeff Powers Chief, Customer Acquisition Officer CEC , Corrective Education Company conversation with author in Gainesville Florida 3rd December 2014 49

Gammon, L. Gone Shopping- The Story of Shirley Pitts Queen of Thieves. Kindle Edition, Bloomsbury updated 2012 50

Conversation between Professor Read and myself on 2nd Dec 2014 in Gainesville Florida 51

“Judge Orders Wal-Mart shoplifters to Wear Sign” Martha Neil May 7th 2007, www.abajournal.com/news/articles/judge-orders-wal-mart-shoplifters-to-wear-signs 52

www.dailymail.co.uk/news/article-453210/judge-orders-Im-thief-signs.htmlnderland-crackdown-1-6523373 53

Conversation with Professor Hollinger on 2nd Dec 2014 in Gainesville Florida 54

www.sunderlandecho.com/news/com/crime/police-name-shame-shoplifters-in-su

http://www.dailymail.co.uk/news/article-453210/judge-orders-Im-thief-signs.htmlhttp://www.dailymail.co.uk/news/article-453210/judge-orders-Im-thief-signs.htmlhttp://www.sunderlandecho.com/news/com/crime/police-name-shame-shoplifters-in-sunderland-crackdown-1-6523373http://www.sunderlandecho.com/news/com/crime/police-name-shame-shoplifters-in-sunderland-crackdown-1-6523373http://www.sunderlandecho.com/news/com/crime/police-name-shame-shoplifters-in-sunderland-crackdown-1-6523373http://www.sunderlandecho.com/news/com/crime/police-name-shame-shoplifters-in-sunderland-crackdown-1-6523373

20

Employee Theft

The issue of employee theft is a huge one and, whilst figures may not be completely

accurate, what is agreed is that approximately half of the loss can be attributed to the

employees.55

Professor Hollinger believes that stores that look after their staff, provide them with

benefits and treat them fairly and with respect rarely suffer from employee theft.

However for the purposes of this paper employee theft is not to be confused with shop

theft by strangers.56

55

Bamfield, J.A.N (2012) Shopping and Crime, Crime prevention and Security Management, Centre for Retail Research, Palgrave Macmillan.

56

Conversation with Professor Hollinger on 2nd

December 2014 in Gainesville Florida

21

Personal Context

There is a wide and varied body of literature that seeks to understand why people steal.

Scholars consider different motivations and excuses or ‘neutralisations’ which influence

offenders. This section presents a new summary model to help understand motivations,

and which can form the theoretical basis for developing rehabilitative provision.

Why do people steal?

Academics have pondered the question of why people steal for many years, sometimes

with wacky theories.57 But is the reason that people steal simply because ‘crime pays’?

In this poem, a convicted shoplifter captures his experience:

Up spoke the culprit at the bar.

Conducting his own case.

Your Lordship, I’ve gone too far

but grant of me, your grace.

As I was passing by a shop,

I saw my arm go out.

And thou I begged of it to stop,

it stole beyond a doubt……

Advice. When times are hard and things get tough - it’s time to go and pinch some

stuff”58

Jackie Lambert says that, when asked, shoplifters claim that “they don’t know” why they

steal.59 Peter Berlin found the exact same response from juveniles.60 On the other hand,

Oregon anti-theft practitioner, Dina Cyphers61 argues that people have a clear reason

for shoplifting - “to get something for nothing”. But if there is a reason, is it only greed?

57

Rourke suggests that shoplifting is a symbolic act of sexual gratification and a means of satisfying an unconscious need for humiliation and punishment (1957) Shoplifting: Its symbolic motivation. Crime and Delinquency 3:54. 58

Stephen Michael Stemlach, a prolific self confessed shoplifter known to my office has kindly given permission to quote his poetry, 2014 59

Jackie Lambert speaking at a Shoplifting conference “Proactive Prevention of Shoplifting” held at Wakefield Police College 17

th December 2013

60 Berlin, P. (1996) “Why do Shoplifters Steal…. And Why Do So Many Continue to Steal Even After

Getting Caught? A report for Retailers and The Criminal Justice System 61

Dina Cyphers, Theft Talk (Oregon) conversation with November 11th/12th 2014

22

Some theorists, such as Read Hayes, suggest that there are hundreds ‘of variables’ that

are all interacting in an offender’s life, which result in poor decision making and

offending behaviours.62

Professor Bamfield argues that the international differences in what items are stolen

proves that shoplifting is generally a rational act.63 He gives examples of: saffron stolen

in Milan Italy ( an expensive key ingredient of ‘risotto Milanese); a cured ham stole in

Spain, (where ‘Jamon Iberico’ is highly prized) and specialist liquor ‘Ricard’ in France. In

Vancouver, baby milk formula is one of the most stolen items. In the UK, it is razor

blades and beauty products. Branded products are more likely to be stolen than a

store’s own brand in cheaper packaging.

Schwartz and Wood agree that the act of shoplifting is a rational, calculated act based

on a simple cost/benefit analysis. They suggest that thieves often make more money

than they have to pay out if and when they get caught.64

NASP argue that alongside simple greed shoplifters could be motivated by loss,

depression or thrill seeking.65 They suggest that shoplifters are addicted to the

behaviour in the same way as people who diet often cheat. People know it is wrong and

could have consequences, but they do it anyway. Shirley Pitts, the Queen of Thieves,

when asked whether or not she agreed that crime does pay despite prison sentences,

stress and impact on relationships replied, “how many ordinary people live with all that

and work and that they didn’t have the benefit of the extra money or the buzz of the

adrenalin from the ‘job”.66

There is a wide ranging literature that explores why people shoplift. Annex A goes

through scholars views on shoplifting both as a logistical decision making process and

62

In my meeting with Professor Read Hayes at the University of Florida on 2nd Dec 2014, he explained his method for understanding why people shoplift using “Zones of Influence”: PRODUCT (the Target item(s) what are they? Is there a pattern?) > STORE (name, location, is there a pattern?) > LOCAL ENVIRONMENT (what does that look like? Deficits?) > NEIGHBOURHOOD (community, needs , influences, employment) 63

Bamfield, J.A.N (2012) Shopping and Crime, Crime prevention and Security Management, Centre for Retail Research, Palgrave Macmillan. p..85 64

Schwartz , S. Wood, H.V. (1990) Clinical Assessment and Intervention with Shoplifters. Social Work, Vol 36, No 3 , May 1991 65

Meeting with Caroline Kochman, Executive Director, Renee Sirianni, Deputy Executive Director and Barbara Staib Director of Communications NASP 25

th November 2014 at NASP offices Melville Long

Island New York 66

Gammon, L. (2012) Gone Shopping- The Story of Shirley Pitts Queen of Thieves. Kindle Edition Bloomsbury updated 2012, 83%

23

life decision. Scholars also note the necessary conditions for a shoplifter to proceed

undetected, notably the priority which retailers give to security measures and training.67

Schwartz and Wood summarise the point that “shoplifting is a complex and multifaceted

crime that necessitates the differential assessment of motivational patterns underlying

client behaviour”.68 I would agree and argue that the motivation to steal is variable and

depends upon the individual. Whilst every person is unique, it is possible to group the

various motivations behind shoplifting into different themes, as reflected by the wide

array of models and typologies in the literature.

Based on this and my experience gained through years of frontline practice and from

my research fellowship journey, at Annex B I set out a new comprehensive summary

model that captures the key individual shoplifting motivations. They are:

1. Addiction (e.g. drugs and alcohol) 7.Opportunism

2. Addiction to stealing (kleptomania) 8.Thrill Seeking

3. Financial hardship, poverty or greed 9.Stealing to Impress

4. Medical phenomenon (mental health) 10.Sense of entitlement

5. Replacing loss by stealing 11. Cultural response

6. Business, stealing to order 12. Shoplifting by proxy

Alongside efforts to understand shoplifting motivation, it is also critical to consider the

‘excuses’ that shoplifters use to rationalise or justify their behaviour. Cromwell and

Thurman69 describe these as ‘neutralizations’, also described at Annex B.

Having considered the reasons why people steal, it is possible to consider

methodologies for managing shoplifting offenders.

Offender management

It would be helpful for shoplifting to be tackled in the widest possible sense. Farrington

sees shoplifting as a society-wide issue that demands a society-wide solution: “if indeed

there are millions of shoplifting incidents and millions of shoplifting offenders, then

67

Gill, M. (2007) Shoplifters on Shop Theft, Implications for Retailers, Perpetuity Research . 68

Schwartz , S. Wood, H.V. (1990) Clinical Assessment and Intervention with Shoplifters. Social Work, Vol 36, No 3 , May 1991 p.234 69

Cromwell, P. and Thurman, Q. (2003) The devil made me do it: use of neutralizations by shoplifters, Deviant Behaviour, 24:535-550, 2003

24

arguably shoplifting is an important social problem that needs to be tackled”. 70 He

believes that anti shoplifting programmes could be run in schools.

I agree with Louise Gamman that “education is the route out of crime.”71 Specifically,

Dina Cyphers argues we should educate people to understand the hurt that can be

caused through stealing. She says “the bottom line is that… (offenders) need to learn

about the hundreds of other innocent people who are damaged by thefts. Stores,

corporations and insurance companies are not the victims. .. (those hurt) are

consumers,... friends, community..(offenders) need to work on... respect, caring,

compassion for others”.72

On a more focused level, to deal with any criminal behaviour there are “eliminative

strategies” – punishment - and “constructional strategies” - rehabilitation.73

On punishment, I am inclined to agree with Cyphers who argues that, in most cases,

punishment for shoplifters is unlikely to work, as the likely gains are far outweighed by

the likely losses. Dina claims that people just get better at stealing, get “sneakier”, and

learn about the security measures or simply move on to somewhere else.74

On rehabilitation, whilst not all scholars agree,75 I strongly believe that a programme

and/ or intervention that tackles underlying motivators (see Annex A) can transform

offender behaviour. As Louise Casey says if you “understand the person’s story and

what is happening in the family” you can make effective change.76

Further, to make a long lasting impact, any rehabilitative programme needs to tackle the

neutralisations that shoplifters employ and break down the rationalising that allows

70

Farrington, D.P. (1999) Measuring , Explaining and Preventing Shoplifting: A review of British Research, Security Journal 1999 Perpetuity Press Ltd p.23 71

Gammon, L. (2012) Gone Shopping- The Story of Shirley Pitts Queen of Thieves. Kindle Edition Bloomsbury updated 2012, 89% 72

Copies of private e mail conversations between a concerned individual and Dinah Cyphers shared with me 13th November 2014 73

Mcguire, J. Offender and Rehabilitation Treatment 2002 74

Conversation with Dina Cyphers 11th Nov 2014 Portland Oregon 75

The emeritus Professor RV Clarke is of the opinion that there really is no point to rehabilitation as it is really not possible to change a shoplifter’s behaviour. (Telephone conversation between Professor Clarke and myself on 13th Nov 2014). Rachel Shteir would agree as in her opinion there is no evidence that specific shoplifting group work works and she also believes that not every shoplifter can be rehabilitated. (Shteir, R (2011) The Steal, A Cultural History of Shoplifting, Penguin books p.205) 76

Louise Casey Director General of Troubled Families speaking at The Leeds Troubled Families Conference called Think Family, Work Family sponsored by the Leeds Safeguarding Children’s Board on 18th June 2014

25

people to steal. The next section seeks to sketch out the best practice that I observed

on my travels and through my research for shoplifting offender rehabilitation. However,

this evidence relates exclusively to low-level and first time offenders.

Robust evidence is limited on the most effective strategies for preventing recidivism

amongst prolific shoplifters. Across the world, when convicted prolific shoplifters are

treated seriously and in the UK and USA issued penal sentences. My thoughts on

understanding prolific offenders and current practice for tackling recidivism are captured

at Annex B.

26

Provision for offender rehabilitation

I am grateful to the Winston Churchill Memorial Trust for their travel fellowship grant to

investigate best practice for shoplifting offender rehabilitation around the world.

Following an initial evidence review, it was very clear that the widest range of developed

practice can be found in North America which is the focus for much of this review.

Based on this understanding of best practice, I am now working with Jackie Lambert to

pilot an online course for diversion and we are aware that NASP are working with the

Police to pilot their programme in the UK.

Global practice

UK

Shop theft today in the UK is deemed to be a low risk of harm offence that has a high

risk of recidivism. The consensus amongst experts is that general offending courses

(cognitive behavioural therapy) offered to offenders by the Probation Service, as part of

their community order, are having little or no impact on offending behaviour. In fact,

West Yorkshire CRC are now excluding shoplifters from these programmes.

Various techniques have been used with shoplifters over the years that now appear

outdated. Glasscock et al list several quite ‘wacky’ examples, concluding that there are

no methods that seem “anymore accepted or effective than another”.77

77

Glasscock, S.G., Rapoff, M.A. ,Christopherson, E.R. (1988) Behavioural Methods to Reduce Shoplifting, Journal of Business and Psychology Volume 2, No 3 Spring 1988.) list various wacky techniques including:

1. Covert sensitization - training a shoplifter to imagine the sequence of the act and link a negative thought at a critical juncture (the urge). I saw Dina Cyphers invite her group participants to do something similar in her class. She recommends two interventions: 1. Have the student wear a rubber band around the wrist and then snap the rubber band (lightly) every time the thought of stealing crosses their mind. 2. Teach the student to scream - as loud as possible - the word ‘stop’ (internally, not out loud) each time they think of stealing.

2. Individual Combined Treatment - Teach children muscle relaxation to employ when they have an urge to shop lift (Henderson 1981)

3. Film-Mediated Aversion – Treatment involves repeatedly watching a film of a woman shoplifting and every time she took an item disapproving faces appear on the screen combined with a shock delivered to the subject’s arm (Kellam 1969)

4. Others - aversive breathholding (Keutzer 1972), systematic desensitization , pairing stimuli with relaxation (Marazagoa 1972)

5.

27

Today, there are a few small scale programmes around the country such as the YOS

diversion course in Leeds, an IOM group in Bristol and a shoplifting group in Sussex.

Ironically, I learnt about provision in Sussex from my meeting with the Centre for Court

Innovation in New York! I understand that these localised programmes are relatively

small targeted programmes run usually by the police for mainly young offenders. I have

not seen any data linked to any UK programme and am not aware of any that has been

produced.

The Metro newspaper reported in February 2013 that there is a court video link at Blue

Water shopping centre set up specifically to deal with shoplifters detained at the centre.

The police claim that they can prosecute offenders from prosecution to conviction within

6 hours.78 Whilst speedy prosecution can save money in the short term, in the longer

term all evidence points to the fact that punishment does little to deter or divert

shoplifters.

North America

Any analysis of the USA criminal justice system is very challenging as across States,

cities within each State and even across jurisdictions within the same city there can be

different views and practices on crime, rehabilitation and punishment (Annex D).

Practice also varies between police and sheriff departments and within stores. For

example, there is a great difference between whether and how much stores will demand

in compensation from the shoplifter. There is also a vast difference between shops in

how they respond to shoplifters, some will always prosecute, some agree to diversion,

some are so scared of any litigation that they rarely intervene. Macy's, the largest

department store in the world, has its own cells in the basement of their flagship store

on 34th Street in Manhattan.

Between the USA and the UK, the main difference is the expectation on the offender to

bear the cost of their conviction. This means that if the accused has financial means the

criminal justice journey is very different compared to those facing destitution. In some

States people must pay to complete community service and be on probation with the

length of probation orders ranging wildly, from 3 months to 12 years.

Incarceration appears to be the only option for prolific shoplifting offenders. Specific

courses to support rehabilitation don’t appear to exist.

78

METRO Monday , February 18th 2013 p 6

28

For first offenders and/or those lightly convicted, there are a range of programmes run

in the USA to support rehabilitation. They offer a diversionary route away from the

courts, often as a condition of a probation order and/or a tag. The decision to divert

varies depending on each city. The police, prosecutor, probation, city attorneys, judges

may all make the decision and in some places it is the shops. In one court I found a

Juvenile Investigator who diverted youth pre court.

There are combinations of on-line programmes (NASP service 2,000 courts throughout

the States), workbooks to be completed at home and one to one counselling

programmes. I discovered some group work programmes but these are the exception. A

few of these programmes used workbooks as the cornerstone of the programme, one

using the books as homework exercises throughout the duration of the programme.

Other groups consisted of the tutor completing a highly effective ‘counselling session’.

All of the programmes (apart from those offered by the Center for Court Innovation)

charged the offenders. The pricing ranged from between $75 per session to a startling

$370 for a workbook in Los Angeles and $400 for life skill coaching via the telephone by

CEC staff.

Most programmes argue that they save police time, court costs and further future losses

to the shops by stopping repeat offending. Some also seek to ensure the offender

contributes to “repairing the damage” through ‘Restorative Justice’. These programmes

are based on the Aboriginal principles of a circle (of peers) of community

representatives. There will be restorative sanctions agreed that may include letters of

apology, community service and to attend counselling sessions. However, in no

Restorative programme I visited did I find a victim ( i.e. a retail establishment) involved

in the process.

Some courts have established bespoke shoplifting programmes themselves. For

example, the New York, Midtown Community Court has a judge sitting daily who deals

with a plethora of cases including shop theft and dispenses instant justice. The

defendant can see a counsellor and attend an anti-theft group or complete community

service that day and the charge will then be dismissed from their record.

The most impressive programme I found was based in Center for Court Innovation in

New York. They have an innovative Youth Court (also known as “Teen Court”) that

allows young people from the local community to sit as judge, jury, attorney, in fact all

the court roles. Youths who have committed misdemeanours, many being shoplifters,

29

face the ‘court’ of their peers and agree on restorative sanctions.79 The ‘counselling’

sessions offered are actually delivered by the volunteer youth of the programme. These

adolescents get paid a monthly stipend for their contribution. The spin off benefit of the

whole programme is the fact that the youth who volunteer to be part of the court process

are given the skills and tools to successfully apply for college and are themselves

diverted from a life of crime, which would have been a virtual certainty given the

communities in which they reside. The Center for Court Innovation is about to launch a

specific shoplifting court in Harlem.

The picture in Canada is similar to that in the USA, the main difference being that the

programmes are much rarer, there does not appear to be any online courses available

and the cost of programmes is usually free. (Although, the Salvation Army Programme

in Toronto charged $125).

In both countries, once a person can prove that they have successfully completed the

programme the matter will be seen as dealt with. In some places the offence will

disappear from their record of convictions, in other places they may need to wait a few

years to ask for the offence to be expunged.80 I met Corinne Kitchen in Toronto, who is

employed by the Office of the Attorney General and runs the Direct Accountability

Program, a suite of diversion programmes for first time offenders. Ms Kitchen claims

that the diversion programmes have exceptional results.

79

Bernard K Melekian, Director Office of Community Orientated Policing Services , forward in Diverting Shoplifters A Research Report and Planning Guide, Emily Gold and Julius Lang, The Center for Court Innovation. January 2012 p.13 80

Luckily for offenders in Los Angeles the three strikes law has been amended so as not to include shoplifters, as there have been several cases historically of people being sent to custody for life after committing a third felony offence which could have been a shop theft of over $500. In some States the misdemeanour level has been raised from $500 to $1000 so that more people can be diverted and fewer have the label “felon” which has huge consequences for people. Just the label alone can mean some people will find it virtually impossible to attend a college of their choice or gain employment. Consequently in New York the police will no longer attend for any thefts under $50.

30

Observed programmes

Name Location Method Cost Impact

APPS (Alternative

Prosecution

programme for

Shoplifters)

Los

Angeles

Pre Court, diversionary

Must complete workbook at

home within 90 days.

$375 Claim 8% re

offending

(not

validated)

Behavioural

Management

Group

Los

Angeles

Post sentence and Court

Ordered One to One

counselling

$45

enrolment,

$75/ hour

thereafter

Claim 4%

recidivism

rate

Neighbourhood

Justice

Programme

Los

Angeles,

San

Francisco

Diversionary, Restorative

Justice format with a circle,

including local community

volunteers. Agree two month

sanctions e.g. community

service

Community

Service

$20-$40, 20

hrs

counselling

$85

No figures

available for

success

rates

ACCI (American

Community

Corrections

Institute)

Various

States

Posted workbook $25 Claim 30%

recidivism

rate

Drivers Safety

Family and

Harmony

Los

Angeles

One to one Counselling usually

post sentence (approximately

10% pre- sentence)

$150

enrolment,

$45- $65

per session

thereafter

Claims 100

% success

rate with no

re conviction

Sentinel Across

USA

Post sentence shoplifting

group programme linked to

ankle monitor, 8 hour class

held usually over two weeks

$25 course

book, $90

class

Claim 95%

completion,

no figures

for

recidivism

NCTI (National

Corrective

Training Institute)

Across

USA

Group work programmes either

1 day or 2 days duration, given

120 days to complete. Usually

court ordered as deferment,

successful completion will

avoid prosecution (plea

bargain).

1 day $80 2

day $120

Claim total

success

rate,

anecdotal

information

Contd…

31

Name Location Method Cost Impact

Theft Talk Portland,

Oregon

Group work programme court

ordered either 1 day (4 hours)

or 2 days (8 hours) duration,

60- 90 days to complete

4 hours $70 Claim high

success

rate,

anecdotal

information

Chilliwack

Restorative

Justice + Youth

Advocacy

Vancouve

r, Canada

Restorative Justice based

circle, alternative to court and

prosecution for first time

offenders

Free 8-10%

reoffend

Center for Court

Innovation

New York Teen Court run on restorative

principles, diversion to

community service,

counselling, targeted

shoplifting programme

All

programme

s are free

No figures

available for

success

rates

NASP (National

Association of

Shoplifting

Prevention)

Across

2000

USA

courts

On line Course, offer some

telephone counselling, court

ordered and diversion for

Juveniles and Adults

$75 Studies

show

between 5-

8%

reconviction

Theft Class TIP

(Theft Intervention

and Prevention

Programme)

Salvation

Army,

Toronto,

Canada

Court ordered and diversion,

one day workshop

$125 No figures

available for

success

rates

CEC (Corrective

Education

Company)

Across

USA

pre court multi lingual

telephone counselling out of

Utah, claim restorative justice,

offered to shops that sign up

$400 claim 3%

recidivism of

the 70% that

complete

Operation

Springboard

"Stop Shop Theft"

A Direct

Accountability

Program

Toronto,

Canada

court diversion, 3 hours

groupwork or individual

counselling,

fee based

on income

no figures

available for

success

rates

32

Recommendations

From my analysis of the literature, experience of best practice through my Winston

Churchill Fellowship and understanding of the landscape in the UK, I would propose

some key recommendations to improve national practice.

My key recommendation is to learn from practice in North America and to introduce

shoplifter rehabilitation programmes to the UK. Whilst the evidence from the USA and

Canada is incomplete, I found pockets of good practice which we could replicate.

To achieve this I make a range of sub-recommendations:

1) Retailers have a role to improve in-store prevention and to work with the Police to

divert offenders to educational rehabilitation programmes.

2) Offenders should be triaged to ensure their suitability for a rehabilitation

programme. This needs to consider diversity (gender, mental health) and

separate out drug and alcohol users

3) We need to trial an innovative educational programme to reduce offending. This

should be subject to robust evaluation and incorporate:

a. innovative thinking grounded in technology

b. focus on education

c. the principles of restorative justice and

d. counselling.

Retailer contribution

The academics with whom I have had contact speak in a unified voice when they say

that the shops all need to do more and take responsibility for the rising shoplifting

epidemic. Ronald V Clarke believes that it is better to “harden” the store than deal with

the offenders81, whilst Richard Hollinger would argue that the shops are at “war” and

under attack by organised gangs of shoplifters who patrol the super highways, targeting

stores and stealing a disproportionate amount of merchandise.82

I am of the opinion that shops need to contribute more to help tackle the growing

problem of shop theft. They need to do this in two ways, firstly by making it harder for

people to steal and secondly to encourage offenders to complete a targeted education

81

Telephone conversation with Professor Clarke on 13th Nov 2014 82

Conversation with Professor Hollinger on 2nd

December 2014 in Gainesville Florida

33

course. For a diversionary educational programme to work in any format the retailers

need to have full confidence and support the scheme by referring in and selling the

course to the offender. It is important that there is an initial triage of need and risk at the

point of apprehension in store.

Offender triage

To enable effective rehabilitation, offender triage is a vitally important process. This view

is universally shared by the academics and the CJS staff who I met. Interestingly it is

also shared by the very forward thinking Jackie Lambert who believes that a multi-

agency assessment hub is also morally just. Her view is that those shoplifters who are

truly stealing as a result of poverty should be diverted to appropriate services rather

than punishment.83

NOMS84 belief is that “different things work for different people at different times....” I

have been persuaded that one programme or one intervention cannot be employed

universally. An assessment is required to target the best intervention on an individual

basis. Triage ensures that programmes are directed to offenders who have

demonstrated a capacity for likely success.

In the UK, unlike the USA, the criminal justice system is based on a binary decision on

whether the law has been broken. Martin Goldman, head of Yorkshire and Humberside

Crown Prosecution Service, explained that in the USA a prosecution is based on a

negotiation between the attorneys, defence, probation and judges as well as the

defendant and victim.85 In the UK, there is no negotiation once a line has been crossed

(relating to offence seriousness and the public interest). Sentence is a matter for the

court and is also not subject to negotiation. Any programme for convicted offenders

must therefore be part of a community order or licence condition.

This means that any approach to diversionary rehabilitation needs to be made in

concert with the NPS or CRC before sentence.

The Center for Court Innovation is currently devising an assessment tool that can be

utilised for this purpose. Taking a more labour intensive approach, Jackie Lambert has

employed staff who complete a telephone interview to assess the suitability of an

offender for diversion. This is linked to police systems and means that an evidence 83

Conversation with Jackie Lambert at the Probation Office in Leeds 3rd February 2014 84

Segmentation Needs and Evidence Tables for the Commissioning Round for 2013-14 to be read in conjunction with www.justice.gov.uk/about/noms/commissioning 85

Conversation with Martin Goldman in Leeds on 31st January 2015

http://www.justice.gov.uk/about/noms/commissioninghttp://www.justice.gov.uk/about/noms/commissioning

34

based decision can be made in a timely way before the apprehended offender can

leave the store.

Scholars offer different priorities for assessment.86 From my experience, I could argue

that the core elements of the initial assessment would need to look across a wide array

of factors, including a person's age, their previous convictions, their arrest history, their

attitudes, individual motivations and circumstances, their mental health and their

substance use. It was generally accepted by the professionals who I met during my

travel fellowship that it is not possible to work with shoplifters who have an ongoing drug

and/ or alcohol addiction.

The initial assessment requires the involvement of the police or their representative as

previous convictions and arrest history are key factors in the assessment. As we live

and work in a diverse culture, when considering any assessment it is important that

gender and criminogenic needs are taken seriously. As Sir David Ramsbotham said “to

be successful, justice in the community must be based on the absence of discrimination

and the acknowledgement of diversity…”87

Whilst listening to the needs of the retailers, the CJS, the police and the offenders

themselves, any educational programme must take all of these factors into account.

One final consideration needs to be one focussing on the specific needs of women.

Niro Turko88 states that one needs to take into account gender and privilege when

working with shoplifters. She stated “EFry (Elizabeth Fry Society) believes in client

centred service provision, and I believe if we're to be impactful, the experiences of the

people involved should factor into the voices presented in the overall analysis. It would

86

Read Hayes uses a medical analogy to explain his theory of ‘variance’. If someone has had a heart attack the outcome is impacted on numerous factors and the interaction of those factors for example, their genetic coding, weight, height, other illnesses, fat, cholesterol, diet, level of stress, family history. Other important factors that would interact would be for example smoking, alcohol, drugs, exercise. Put simply it is very important to drill down to the “static” and “dynamic” factors that have the greatest influence on the offender's behaviour. This language is well understood by Probation Services whose assessments are built around these factors. (Conversation between Professor Read and myself on 2nd Dec 2014 in Gainesville Florida ) Professor Hollinger argues for an analysis of rational choice, focusing programmes on those who think rationally and understand their behaviour. Priestly and Mcguire argue the focus should be on the predilection for taking risks, acting impulsively, living in areas of poverty with little stimulation facing problems at school and at home, positioning themselves in groups with no outlet for boredom. (McGuire, P. and Priestley, P. (1985) Offending Behaviour Skills and Strategies for going straight, BT Batsford Ltd. London, quoting West and Farrington (1977) 87

Ramsbotham, Sir, D. (2003). Diversity in community justice: Some personal Reflections. Probation Journal, The Journal of Community and Criminal Justice 2003 Vol 50 (3) 277-281 88

Email from Niro Turko received 6th December 2014

35

be my hope to see that client perspective at the very least represented or considered

amongst the many voices weighing in on the topic. Gender and privilege (or the lack of)

needs to be part of the discussion.” It is likely that women for example may need a

different approach or programme.

Designing a trial for new provision in the UK

When Einstein said “Insanity: doing the same thing over and over again and expecting

different results” 89 he could have been referring to the response to shoplifting in the UK.

We need to think innovatively.

Shoplifting is, as has already been acknowledged, costing our society billions of

pounds. One offence may not be that costly but in aggregate they combine to become a

very expensive problem.90 Prosecuting offenders is a very expensive process and

current sentencing options in the UK do not appear to hold much deterrence against

future offending. Read Hayes points out the dilemma that “rehabilitation is not an overall

solution since shoplifters must first be apprehended in order to place them in treatment,

and shop thieves are rarely caught”. 91

From my travels it appears that to date early diversion is the most promising response

to shoplifting. NASP is the only programme that has any data that can come close to

substantiating this assertion, everyone else I met had positive anecdotal information.

The CJS staff speak in unison when they say that they very rarely see the same

offenders again after they have attended a diversion course. However one can argue

that the majority of first time offenders do not re-offend. Corinna Kitchen92 puts that

figure at 80%.

Whilst some, such as desistance tutors,93 believe that the process of maturing is more

powerful than any programme, I have seen evidence of shoplifting offences being

committed by all age groups.

89

http://www.brainyquote.com/quotes/authors/a/albert_einstein.html 90

Bernard K Melekian, Director Office of Community Orientated Policing Services , forward in Diverting Shoplifters A Research Report and Planning Guide Emily Gold and Julius Lang The Center for Court Innovation. January 2012 91

Hayes, R. and Cardone, C. (2006) Shoptheft. in Gill, M. (ed.) The Handbook of Security, Basingstoke: Palgrave Macmillan, pp.302-27 p.321 92

Conversation with Corinna Kitchen and myself on 28th November 2014 in Toronto Canada

93 The Desistance Paradigm in Corrective Practice: from programmes to lives

36

Diversionary practice in the UK could be expanded to emulate the USA that would in

fact save money in court time and policing. We need to look at streamlining the journey.

To be effective it is vital that a partnership is formed with retail establishments, loss

prevention leaders and the CJS (for example YOS, police, probation, drug/alcohol

agencies, housing, courts).

A critical part of any new provision will be robust evaluation. Unfortunately none of the

programmes that run across the USA and Canada are backed up with robust evidence

of impact. Any attempt to develop provision in the UK should, as a priority, seek to

readdress this and make an effort to robustly determine what works for rehabilitating

shoplifting offenders.

Use of Technology

Education and training is rapidly embracing technological advances and the use of e-

learning is becoming a method of choice. It makes sense that any response to the

increase in shoplifting needs to take into account modern technology and the fact that

the internet is flexible, easily accessible and a relatively cheap method of imparting

information.

The online educational interventions I observed in the States are a cost effective

method of interfacing with first time shoplifters. Evidence from the largest suppliers of

these programmes shows that the level of re-offending is low and academic researchers

agree that this group of offenders require only a soft touch (NASP research and NOMs).

If we accept the research that 80% of first time offenders do not go on to reoffend,94 the

online programme is an ideal low cost diversionary tactic.

Online courses are, however, not accepted by everyone I met. In fact the very idea was

met with derision by several people. They argue that online courses and work books to

be completed at home can be easily manipulated by the offender and do not go far

enough in educational terms. Arnold Abrahams said that online courses feel like

“prostituting yourself” and you “learn nothing”.95 Mark Whitney (NCTI) questioned how

anyone knows who is completing the work.96 A district attorney in Fort Collins, Larimer

County was equally as dismissive saying that she would never agree to on-line courses

being utilised in her courts.97

94

Conversation with Corinna Kitchen on 28th November 2014 in Toronto Canada

95 Conversation with Arnold Abrams in Los Angeles 29th October 2014

96 Conversation with Mark Whitney on 7th November 2014 in Denver Colorado

97 Conversation with Mark Whitney , Chief District Attorney for County Court Larimer County in Colorado

on 13th November 2014

37

The online providers completely reject the critics saying that they have incorporated fail

safe elements to the programme that make abuse impossible. Based on the results

reported in the USA, I believe that any new provision with, the UK should trial an online

element.

Restorative Justice

Tony F Marshall explains that “Restorative Justice is a process whereby all the parties

with a stake in a particular offence come together to resolve collectively how to deal with

the aftermath of the offence and its implications for the future.” 98

Sharla Jackson argues that “responses that fail to provide accountability to offenders

are a waste of time”. 99 Diversion courses need to be designed to ensure that retail

establishments are satisfied that offenders are encouraged to be accountable, that the

community are satisfied that it is a positive alternative to conviction that is evaluated and

will deter future offending.

The most innovative and powerful interventions I observed enshrined restorative

principles and included a representative of the retail establishment within the ‘circle’.

I visited several Restorative Justice programmes which were all very impressive,

including The Chilliwack Restorative Justice and Youth Advocacy Association

Programme and the Teen Court run by the Centre for Court Innovation in Harlem.

According to Deborah Kochman from NASP, less than 20% of programmes have a role

for retailers.100 In my opinion restoration and reparation need to be central in any

programme and overlay any interventions that are employed. I believe that engaging in

this philosophy is crucial for successful outcomes. There are positive benefits of

including community members in the process. Making the community feel involved and

understanding that offenders are not always the monsters that the media often portray,

for example.

98

Robinson, K. Plecas, D. Squires, C. and McLandress, K. (2012) The Impact of Restorative Justice on Recidivism Among Shoplifters, University of the Fraser Valley School of Criminology and Criminal Justice, p.3 99

Bernard K Melekian, Director Office of Community Orientated Policing Services , forward in Diverting Shoplifters A Research Report and Planning Guide Emily Gold and Julius Lang The Center for Court Innovation. January 2012 p.8 100

Bernard K Melekian, Director Office of Community Orientated Policing Services , forward in Diverting Shoplifters A Research Report and Planning Guide Emily Gold and Julius Lang The Center for Court Innovation. January 2012 p 10

38

The Chilliwack programme has been evaluated and whilst the numbers in the study are

small, the results are encouraging.101 They show that restorative justice works well for

all adult offenders; both first time and repeat offenders. However there appeared to be

little difference between first time youth offenders and the control group who had no

intervention. The authors of the report believe that their research “demonstrates the

effectiveness of restorative justice for shoplifting cases in contrast to those that proceed

through the courts”,102 so much so that in the conclusion of their report they berate retail

establishments for allowing shoplifters to leave with a warning, believing that the

Restorative Justice journey is more effective and longer lasting in its impact.

Again, I would argue that any provision for shoplifter rehabilitation in the UK needs to

trial an element of Restorative Justice.

Counselling

On travelling around and visiting the various programmes in the US and Canada the

general theme and accepted wisdom is that diversion courses based on a one to one

counselling model are most productive (except for offenders with ongoing drug and

alcohol addiction).

Arnold Abrams, the long-time Director of ‘Family Harmony’ in Los Angeles believes that

counselling is the only way that one can have an impact on the deep rooted, complex

behavioural issues leading to shop theft.103

Elizabeth Carsale and Samantha Smithstein believe that stopping the actual stealing is

only the first step. They say “after stopping, the hard work of uncovering the sources of

the behaviours and their triggers begins....Addressing these issues, one by one, with

the help of others such as an experienced therapist, 12 step program, and often a

psychiatrist, nutritionist or meditation or yoga instructor, is crucial for a more complete

recovery.” 104

JoAnn Ray’s research concluded that counselling may be beneficial for some

shoplifters. She stated, “Shoplifters who are suffering from depression, social isolation,

or family disruption may find behaviour therapy, group therapy, family therapy or social

101

Robinson, K. Plecas, D. Squires, C. and McLandress, K. (2012) The Impact of Restorative Justice on Recidivism Among Shoplifters, University of the Fraser Valley School of Criminology and Criminal Justice 102

Robinson, K. Plecas, D. Squires, C. and McLandress, K. (2012) The Impact of Restorative Justice on Recidivism Among Shoplifters, University of the Fraser Valley School of Criminology and Criminal Justice, p.19 103