Dáil Éireann Debate, Wednesday - 5 April 2017
116. Deputy Noel Rock asked the Tánaiste and Minister for Justice and Equality if she will introduce legislation to implement stronger penalties for those who are found to be shoplifting and particularly in cases in which the shop owner or staff are assaulted; and if she will make a statement on the matter. [17044/17]
View answerThe law relating to theft is contained in the Criminal Justice (Theft and Fraud Offences) Act 2001. A person guilty of theft is liable to a penalty of a fine or up to ten years' imprisonment or both. The Deputy may also wish to note that the offence of robbery, under section 14 of that Act, is committed where a person steals, and immediately before or at the time of doing so, and in order to do so, uses force on any person or puts or seeks to put any person in fear of being then and there subjected to force. This offence carries a maximum penalty of life imprisonment. Under section 53 of the Act, where the facts of a case constitute a minor offence, the defendant may be tried summarily if certain conditions are met. In that event, the maximum penalty that may be imposed is 12 months' imprisonment or a class A fine.
A person who commits an assault may also be convicted of an offence under the Non-Fatal Offences Against the Person Act 1997. The offences in this Act include assault (section 2), carrying a penalty of up to 6 months' imprisonment or a fine or both, assault causing harm (section 3), carrying a penalty of up to 5 years' imprisonment or fine or both and assault causing serious harm (section 4), which carries a penalty of up to life imprisonment or a fine or both.
In determining the sentence to be imposed in any particular case, the trial judge may take into account all the circumstances of the case, including any aggravating or mitigating factors.
Having regard to this, I am satisfied that the penalties which apply in this area are sufficient. While I do not have any plans at present to amend the legislation, I will continue to keep the matter under review.
