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House of Commons Hansard
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Prosecution Policy (Burglaries)
26 November 2009
Volume 501
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16. When she next expects to meet the Director of Public Prosecutions to discuss prosecution policy in respect of burglaries. [301681]

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We have frequent and regular meetings with the DPP, and we discuss a range of issues. If there were particular concerns about prosecutions for burglary—perhaps the hon. Gentleman has some to raise—we would talk to the DPP about them, but under the terms of the protocol to which I have alluded between the Attorney-General and prosecution departments. In 2008-09, the Crown Prosecution Service conviction rate for burglary was 87.1 per cent. nationally, and 91.3 per cent. in Norfolk.

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I am pleased to hear that, but does the Solicitor-General share my view that burglaries are invariably incredibly traumatic, and often lead to dreadful scars that last many years and tear families apart? Does she agree that as long as there is sufficient evidence to prosecute, burglaries should always be prosecuted through the courts, and never dealt with by out-of-court procedures such as cautions or penalty notices for disorder?

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I agree with the hon. Gentleman completely. I imagine that he refers to dwelling-house burglaries, which can be extremely injurious to the people who suffer them. There is an annexe to the DPP’s guidance on when to use conditional cautions, and burglary is not included among the offences for which they should be used.

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Yesterday, I had a meeting with Slough Town Against Crime, which is an alliance of shops, police officers and public bodies. One of the participants suggested that prolific shoplifters who have been barred from shops and have shoplifted again ought to be prosecuted for burglary. Will the Solicitor-General raise that matter with the DPP, as it would be a practical way of tackling the appalling problem of prolific shoplifting, which is blighting Slough town centre?

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This is an old, knotty problem in the law. In order to be a burglar, someone must enter as a trespasser. There have been prosecutions when people have gone from the public side of a shop to the private side, behind the counter. That has been deemed to be entering as a trespasser, and I can see an analogy with the case cited by my hon. Friend. I think that the local chief Crown prosecutor would have to examine each case in order to make a sensible decision, but my hon. Friend’s idea does have merit.