DRAFT FOR CONSULTATION

Transcription

1 DRAFT FOR CONSULTATION Member s Bill Explanatory note General policy statement This bill proposes a set of proportional fines and penalties for people caught shoplifting; stealing goods from retail shops and businesses. Currently, prosecutions for shoplifting under the Crimes Act are cumbersome. This is administratively onerous and costly for the police, courts and judicial system. This bill shortcuts the tangled litany of red tape, going straight to the infringement. Shoplifting, considered petty theft, is 86% of all retail crime. Often not reported to police, shoplifters are left in the hands of shopkeepers and in bigger stores, their inhouse security officers. Not only does retail crime cost the New Zealand economy up to $1.1 billion per year, there is significant human toll as the propensity for confrontation and violence increases. Shoplifting is not going away; its frequency and brazen nature increases from amateur opportunists at entry level to organised gangs stealing to order. Swift, sharp and immediate action for this gateway crime is an opportunity to break the cycle. It also helps shop owners and their staff prevent and manage shoplifting. An infringement scheme achieves compliance within the law and holds shoplifters to account. Clause 1 is the Title clause. Clause by clause analysis Clause 2 is the commencement clause and provides for this Bill to come into force on the day after the date it receives the Royal assent.

2 2 Explanatory note Clause 3 states the purpose of the Bill. Preliminary provisions Clause 4 defines certain terms used in the Bill. Clause 5 provides for transitional arrangements. Clause 6 provides that the Bill binds the Crown. Part 2 Shoplifting Clause 7 provides for the offence of shoplifting. Clause 8 sets out the penalties that apply to the offence of shoplifting. Clauses 9 to 12 contain provisions that relate to the offence of shoplifting when proceeded against as an infringement offence. Clause 13 provides for regulations to be made specifying infringement fees and prescribing forms.

3 Darroch Ball Member s Bill Contents Page 1 Title 2 2 Commencement 2 Preliminary provisions 3 Purpose 2 4 Interpretation 2 5 Transitional, savings, and related provisions 2 6 Act binds the Crown 2 Part 2 Shoplifting Subpart 1 Offence of shoplifting 7 Offence of shoplifting 3 8 Penalty for shoplifting 3 Subpart 2 Infringement offence 9 Interpretation 3 10 Proceedings for infringement offence 4 11 Infringement notice 4 12 Payment of infringement fees 5 13 Regulations 5 Schedule Transitional, savings, and related provisions 5 1

4 cl 1 The Parliament of New Zealand enacts as follows: 1 Title This Act is the Shoplifting (Offence and Penalties) Act Commencement This Act comes into force on the day after that date it receives the Royal assent. 3 Purpose Preliminary provisions The purpose of this Act is to establish a specific offence of shoplifting which may be proceeded against as an infringement offence or by filing a charging document under section 14 of the Criminal Procedure Act Interpretation In this Act, unless the context otherwise requires, goods includes all personal chattels other than money and things in action shop means a building, place, or part of a building or place, where goods are kept, sold, or offered for sale, by retail; and includes an auction mart, and a barrow, stall, or other subdivision of a market; but does not include (c) a private home where the owner or occupier s effects are being sold (by auction or otherwise); or a building or place where the only business carried on is that of selling by auction agricultural products, pastoral products, and livestock, or any of them; or a building or place where the only business carried on is that of selling goods to people who are dealers, and buy the goods to sell them again shoplifting means the offence provided for in section 7. theft has the same meaning as in section 219 of the Crimes Act Transitional, savings, and related provisions The transitional, savings, and related provisions (if any) set out in Schedule 1 have effect according to their terms. 6 Act binds the Crown This Act binds the Crown. 2

5 Part 2 cl 9 7 Offence of shoplifting Part 2 Shoplifting Subpart 1 Offence of shoplifting (1) A person commits an offence against this section if the person commits theft in the following circumstances (c) (d) the property taken is goods; and the value of the goods is $1000 or less: and the goods were being offered for sale in a shop at the time that they were taken; and at the time of the offence, the person was, or was purporting to be, a customer or potential customer of the shop. (2) For the purposes of this section and section 8 the value of the goods is the price at which they were being offered for sale at the time of the offence; and the aggregate of the values of all of the goods taken in the conduct of the offence. 8 Penalty for shoplifting (1) A person who commits an offence against section 7 is liable on conviction, if the value of the goods exceeds $500 but does not exceed $1,000, to a term of imprisonment not exceeding 1 year or a fine not exceeding $1000 or both; or if the value of the goods does not exceed $500, to a term of imprisonment not exceeding 3 months or a fine not exceeding $500, or both. (2) Despite subsection (1), a person who commits an offence against section 7 is liable on conviction, to a term of imprisonment not exceeding 7 years where 9 Interpretation that person has been served with a infringement notice under section 11 on 2 or more previous occasions; or the offence was committed partly or wholly because of that person s participation in an organised criminal group (within the meaning of section 98A of the Crimes Act 1961). In this subpart Subpart 2 Infringement offence 3

6 Part 2 cl 10 infringement fee in relation to an infringement offence, means the greater of: $150: an amount equal to 1 and one half times the value of the goods to which the offence relates calculated in accordance with section 7(2): infringement offence means an offence against section Proceedings for infringement offence (1) A person who is alleged to have committed an infringement offence may either be proceeded against by the filing of a charging document under section 14 of the Criminal Procedure Act 2011; or be served with an infringement notice under section 11. (2) Proceedings commenced in the way described in subsection (1) do not require the leave of a District Court Judge or Registrar under section 21(1) of the Summary Proceedings Act Infringement notice (1) Where a constable observes a person committing an infringement offence, or has reasonable cause to believe such an offence is being or has been committed by that person, an infringement notice in respect of that offence may be served on that person. (2) Any constable (not necessarily the constable who issued the notice) may deliver the infringement notice (or a copy of it) to the person alleged to have committed an infringement offence personally or by post addressed to that person s last known place of residence; and, in that case, it (or the copy) is to be treated as having been served on that person when it was posted. (3) Every infringement notice must be in the prescribed form and must contain the following particulars: (c) (d) (e) (f) (g) (h) such details of the alleged infringement offence as are sufficient fairly to inform a person of the time, place, and nature of the alleged offence; and the amount of the infringement fee; and the address of the place at which the infringement fee may be paid; and the time within which the infringement fee must be paid; and a summary of the provisions of section 21(10) of the Summary Proceedings Act 1957; and a statement that the person served with the notice has a right to request a hearing; and a statement of what will happen if the person served with the notice neither pays the infringement fee nor requests a hearing; and any other particulars that may be prescribed. 4

7 Schedule (4) If an infringement notice has been issued under this section, the procedure under section 21 of the Summary Proceedings Act 1957 may be used in respect of the offence to which the infringement notice relates and, in that case, the provisions of that section apply with all necessary modifications. 12 Payment of infringement fees All infringement fees paid in respect of infringement offences must be paid into a Crown Bank Account. 13 Regulations The Governor-General may, by Order in Council, make regulations prescribing the form of infringement notices and infringement offence reminder notices. Schedule Transitional, savings, and related provisions s 5 Provisions relating to this Act as enacted There are no transitional, savings, or related provisions relating to this Act as enacted. 5