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Tackling retail crime: What the Crime and Policing Act 2026 means for retailers

28 May 2026
Darleen Shasha and Rachel Lyne

The Crime and Policing Act 2026 represents the most significant legislative response to retail crime in over a decade, delivering reforms that the sector has lobbied hard for and that go to the heart of the challenges facing retailers, their staff and the communities they serve.

For retailers, it means the removal of a loophole that had, in the eyes of many in the industry, made low-value theft virtually consequence-free. It introduces new protections for shop workers and new powers to recover stolen goods which are covered in this article. But it also raises questions not least whether the protections go far enough and whether enforcement will match the ambition of the legislation.

Closing the door on low-value shoplifting

One of the most significant measures in the Act is the repeal of section 176 of the Anti-social Behaviour, Crime and Policing Act 2014, the provision that downgraded the police response to shoplifting of goods valued at £200 or less. In practice, this created a two-tier system in which low-value theft was treated as a low priority, with minimal consequences for offenders. The retail sector argued, with considerable force, that this emboldened prolific shoplifters and organised retail crime gangs who understood the limits of the law and exploited them accordingly.

Its removal means that all shoplifting offences will now be treated with consistent seriousness, regardless of value. Police will have a stronger basis to investigate, arrest and charge offenders, and courts will have greater sentencing flexibility. For retailers dealing with organised theft where individual incidents may be low in value but cumulative losses are substantial, this is a meaningful change.

Protection for retail workers

The Act creates a new standalone offence of assaulting, threatening or abusing a retail worker in the course of their employment. Violence and abuse directed at shop staff has reached alarming levels in recent years, yet prosecution under general assault provisions was inconsistent and often failed to reflect the specific vulnerability of retail workers going about their duties.

The new offence is modelled on legislation that has operated successfully in Scotland since 2021 and should result in more consistent recording, investigation and prosecution of incidents that were previously under-reported. Retailers should treat this as an opportunity to review their incident reporting procedures and staff training, and to reinforce a zero-tolerance culture backed by the weight of the law.

New powers to recover stolen goods

Police will have the power to enter premises without a warrant to search for and seize stolen goods that can be located using GPS tracking technology such as stolen mobile phones. For retailers who have invested in asset-tagging and tracking technology, this significantly strengthens the practical value of that investment and may act as a deterrent to those who handle stolen goods.

A gap in protection: Delivery riders

The new retail worker offence has not, however, gone without criticism. Over 30 leading UK restaurants and supermarkets including Morrisons, Pizza Express, Dishoom and Wingstop have written to the Home Secretary calling for the protections to be extended to delivery riders. Backed by GMB and the British Retail Consortium, Deliveroo's 'Right to Ride Safely' campaign highlights that riders face significant risks beyond the restaurant or shop floor, with a reported 28% increase in abusive incidents in a recent six-month period, including verbal abuse, racism, sexism and theft of orders and vehicles.

The signatories argue that protection should cover the entire duration of a delivery from accepting the order, through to collection and drop-off at the customer's door. As the letter to the Home Secretary puts it:

“There are real people behind these numbers of people who face physical and verbal assault, racism, sexism and theft. It's time for the government to act and send a clear message: abuse against delivery riders will not be tolerated.”

For retailers and hospitality businesses who rely on third-party delivery platforms, this is a developing area worth monitoring closely. Whether the government will respond by widening the scope of the offence remains to be seen.

Wider measures of note for retailers

Beyond the headline provisions, a number of further measures in the Act are relevant to the retail sector.

  • Respect Orders: The introduction of Respect Orders gives police and local authorities stronger tools to tackle persistent antisocial behaviour, a practical complement to the shoplifting and assault provisions that will be of particular interest to town centre and high street retailers.
  • Knife and bladed product offences: Retailers who sell knives or bladed products including supermarkets, hardware stores and outdoor retailers should note that the Act increases maximum penalties for weapons sale offences and introduces a new offence of possessing a bladed article with intent to use unlawful violence. Robust age verification and sales procedures are more important than ever.
  • SIM Farm ban: The Act also bans SIM Farms devices commonly used to enable mass scam communications and fraud which may assist in disrupting the organised criminal infrastructure that underpins much of the retail crime retailers face.
  • Child criminal exploitation: The creation of a new offence of child criminal exploitation is particularly pertinent for the retail sector, given the well-documented use of children and young people by organised crime gangs to carry out shoplifting, often under coercion. The new offence should help direct enforcement action towards the networks behind retail theft, rather than solely the young individuals used to carry it out.

What's next?

The practical impact of these reforms will depend on police resourcing and prosecution rates legislative ambition alone will not deliver results if enforcement capacity remains constrained. We will keep you updated on developments as the Act is implemented and as the debate around delivery rider protections progresses.

In the meantime, retailers should consider reviewing their loss prevention strategies, staff training and contractual arrangements with security providers and delivery platforms to ensure they are well placed to take advantage of the new protections. Once we know more about how the new powers are being used in practice, we will share our thoughts on the proactive steps you can take to protect your business.

If you would like to discuss how the Crime and Policing Act 2026 may affect your business, our retail team would be happy to advise.

Contact

Contact

Rachel Lyne

Partner

rachel.lyne@brownejacobson.com

+44 (0)121 237 4584

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Can we help you? Contact Rachel

Darleen Shasha

Trainee Solicitor

darleen.shasha@brownejacobson.com

+44 (0)3300451437

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Can we help you? Contact Darleen

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