Legal News

Police have been accused of creating a “charter for criminals” by introducing a scheme under which a crime can be dismissed if the cost of investigating it outweighs the value of the item stolen or damaged.

The Daily Mail reports that MPs, criminologists and anti-crime campaigners are condemning the policy, which means if criminals steal property worth less than £50, the crime will not be investigated. Those opposed to the scheme says it gives criminals a “licence to steal”.

Anti-crime campaigners also say that the police power of “discretionary disposal” might change forever the criminal justice system – a system which is founded on a principle of “caution or prosecute”.

In recent years, police forces have been struggling to reduce the number of crimes being committed within their policing areas – some forces have been accused of failing to record crimes to meet targets, or “massaging” crime figures by the way in which they record crimes, meaning the true rate of crime is hard to estimate in some areas where crime records may suggest a crime reduction, but where records fail to record crime accurately.

Discretionary disposals were created to save policing costs and were first used in Northern Ireland.

They have yet to be used widely elsewhere in the UK – but recently a businessman from the Wirral who reported a stolen fridge he had sold on eBay received a notice from his local police force saying that, because of the low value of the item, no investigation would take place.

The buyer of the fridge had promised cash when he collected it, but had loaded it onto a van and simply driven off without paying.

The seller had given police the van’s vehicle registration number, the buyer’s name and description and details of his eBay account.

However, Merseyside Police wrote and advised him that because the fridge was worth just £16 and the cost of investigating the matter would “outweigh” this, no investigation would take place.

Critics of discretionary disposals have expressed concern the police have this power as an option, however.

Founder of the think-tank Civitas – criminologist David Green – said:

“In areas where there are problems of disorder, it could end up tipping the balance in favour of the criminal element as opposed to the law abiding.”

A Conservative MP on the Justice Select Committee, Nick De Bois, added that police discretionary disposals sent “a signal that crime is OK and will be tolerated at a certain level”.

Mr De Bois said:

“If we let this take root, then we are looking at criminal justice from the wrong end of the telescope.”

There has also been criticism that the power of discretionary dismissal has been introduced by stealth to avoid a public backlash.

A spokesman for Families Against Crime said:

“This is a preposterous scheme … It’s time the Home Office stamped it out.”

Duncan Lewis Crime Lawyers

Duncan Lewis can advise at any stage of a criminal charge – and are available 24/7 to attend police stations to advise on all criminal charges and for representation under caution.

There are Duncan Lewis offices nationwide and our criminal defence lawyers regularly advise on charges relating to theft, burglary, receiving stolen goods, muggings, shoplifting and robbery with violence.

For expert legal advice on all criminal charges, call Duncan Lewis crime lawyers on 020 7923 4020.

For out-of-hours criminal law advice and representation for police interview under caution, call the Duncan Lewis Crime Lawyers Out-of-Hours Hotline on 07920 077057.