Labour’s plans to scrap most prison sentences of under a year will see thousands of prolific shoplifters avoid jail, in a move that risks intensifying pressure on retailers already warning of rising violence and disorder.
The changes, introduced under the Sentencing Act, mean around 98 per cent of shoplifters currently in custody would instead qualify for community-based punishments.
Ministry of Justice data suggests nearly 60 per cent of prolific offenders, those with at least 15 previous convictions, already avoided jail in 2024.
The shift comes after M&S on Friday publicly warned of increasingly “brazen, aggressive and organised” theft in its stores, following a series of high-profile incidents in London.
Official figures underline the scale of the challenge. Shoplifting offences rose five per cent to 519,381 in the year to September 2025, according to the Office for National Statistics (ONS), following a record 530,439 incidents in the twelve months to March.
Despite that rise, custodial sentences remain rare and short. Of those jailed in the year to September, 76 per cent received sentences of three months or less, while just 1.7 per cent, 231 offenders, were jailed for more than a year.
Conservative shadow home secretary Chris Philp said the reforms would lead to “no effective punishment” and warned shop theft would “escalate even further”.
Retailers warn of rising violence
This policy shift lands amid mounting alarm from major retailers about conditions on the ground.
M&S retail director Thinus Keeve said this week that staff are facing daily abuse and violence, including assaults and chemical attacks, as gangs increasingly target stores.
His intervention followed scenes in Clapham, south London, where large groups of young people stormed high street shops in incidents police linked to social media trends.
Organised groups are forcing open cabinets, clearing shelves and confronting security staff, while businesses are spending “tens of millions” on security measures.
The British Retail Consortium estimates shoplifting cost the industry around £400m last year, with more than 14 million people witnessing violence or abuse against retail workers.
The government has argued that community sentences can be more effective in reducing reoffending than short prison terms, particularly for repeat low-level offenders.
But without stronger enforcement, the shift risks emboldening repeat offenders at a time when retail crime is already near record levels.
Police leaders have pointed to examples such as Greater Manchester, where a tougher approach to investigating every reported theft has driven higher arrest rates and a fall in offences.
In London, however, retailers continue to call for a more visible crackdown.
A spokesperson for the Mayor of London said shoplifting is “not a victimless crime”, and that City Hall supports a targeted approach focused on prolific offenders.
