Written evidence submitted to the UK Parliament: Clause 15 – Limited duty to impose a Criminal Behaviour Order for assaults on retail workers (CPB0004)

This submission argues that Clause 15, while well-intentioned in protecting retail workers, risks undermining judicial discretion, procedural fairness, and human rights obligations. The proposed duty to consider Criminal Behaviour Orders (CBOs) following conviction introduces a quasi-mandatory element that may lead to inconsistent and overly punitive applications, particularly in lower courts. It may also disproportionately affect vulnerable groups and lack embedded rehabilitative alternatives.

Recommendations include amending Clause 15 to reinforce judicial independence, introducing statutory guidance and review mechanisms, and mandating equality impact assessments. Alternative strategies such as enhanced sentencing guidelines, restorative justice, and trauma-informed
interventions are also proposed as more proportionate means of achieving public safety and protection for retail workers.