The Government has been warned that hundreds of shoplifters could avoid prosecution after a fresh court ruling that stifles private prosecutions for thieves.
Over the past two years, a multitude of shoplifters in London have been apprehended and charged thanks to a specialist team of lawyers and private security working for retailers across the capital.
Much like regular police officers, the private security staff apprehends thieves, takes them to court, prosecutes them, and secures bans preventing them from entering stores again.
But a recent Court of Appeal ruling threatens to block private prosecutions, forcing security companies to give the police and Crown Prosecution Service (CPS) the first chance to take over cases before they reach court.
The Government has been warned that hundreds of shoplifters could avoid prosecution after a fresh court ruling
| GETTYFormer Scotland Yard chief inspector David Mckelvey warned the red tape involved could make private prosecutions impossible, with delays stretching for months - or even years.
Mr Mckelvey, who is the director of private investigation company TM Eye, has brought 300 store thieves to justice with a 100 per cent conviction rate.
He said: “The waiting time for police and the CPS to review private prosecutions is 12 months.
“The CPS will never take it over because they are too busy. The police don’t even turn up with most shoplifting cases.
David McKelvey noted the wait time for police and the CPS to review private prosecutions is 12 months
| GETTYThe knock-on effect of that is that it is going to destroy private prosecutions when you link it to the failure of the court system to deal with cases quickly.”
Record court backlogs mean some shoplifting cases in London’s crown courts won’t be heard until 2030, while magistrates’ courts nationwide are also struggling with growing delays.
New figures show shoplifting cases in magistrates’ courts across England and Wales now take an average of 59 days from offence to resolution, up from 32 days a decade ago.
The threat to private prosecutions comes just days after Met Police Commissioner Sir Mark Rowley warned retailers they must do more to help officers tackle thieves.
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Met Police Commissioner Sir Mark Rowley warned retailers they must do more to help officers tackle thieves
| PAThe Metropolitan Police Commissioner claimed there is evidence that some shop security staff are working with organised shoplifting gangs to target retailers.
Sir Mark told The Telegraph that some retailers are refusing to provide CCTV footage or photos of shoplifters, which could help police use facial recognition to identify and arrest offenders.
According to statistics published by the Government in July, Britain sees almost three thefts reported every minute.
Earlier this year, the British Retail Consortium revealed that there were over 20 million incidents of shoplifting in the UK in 2024, costing retailers £2.2billion.
A Court of Appeal ruling has limited the legal costs recoverable in private prosecutions after one organisation ran up large bills without checking if the CPS could take over.
Firms like TM Eye warn the decision could set a precedent, forcing them to get police and CPS approval before prosecuting to reclaim any costs.
A spokesman for the Ministry of Justice said: “This ruling was made by the independent Judiciary and it would be inappropriate for the Government to comment.
“We are making bold changes - which have been backed by the Magistrates’ Association - to deliver once in a generation reform while also increasing magistrate recruitment and investing £450 million in our courts to help reduce delays and put victims at the heart of the justice system.”
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