Is stealing food criminal when you’re destitute?

Tuesday, May 17th, 2016

The highest court in Italy has ruled that a young homeless man, Roman Ostriakov, did not act unlawfully when he stole a sausage and a piece of cheese to feed himself. Instead, the court found that Ostriakov had acted out of immediate need and desperation, so his theft did not – and should not – constitute a crime.

This case stands in stark contrast against recent rulings in the UK. In a similar case last year, Louisa Sewell was fined £328.75 for stealing a four-pack of Mars bars from her local convenience store in Kidderminster.

At the magistrates hearing, Sewell’s solicitor explained that her client had recently had her benefits sanctioned. As a result she had no money and had not eaten for days. She stole because she was hungry and desperate, the solicitor said. The chair of the magistrates responded by saying: “We do not readily accept you go into a shop to steal just for being hungry.”

These two rulings reveal conflicting views on whether stealing to provide yourself with nourishment can ever be justified. And this issue matters now more than ever, in light of evidence that a growing number of people are being forced to shoplift for basic essentials, both in the UK and across Europe.

Less crime, more theft
Overall levels of crime have steadily declined in Britain in recent years, but shoplifting has been rising. There were 333,671 shoplifting offences recorded across England and Wales in 2015, a 19% increase over the last ten years.

Over the same period – and particularly since 2010 – successive governments have made it more difficult to claim benefits, and toughened up sanctions for those who don’t comply. Now, claimants can be sanctioned for up to three years if they fail to comply with certain demands, such as applying for particular jobs, attending appointments with job centre advisers and participating in programmes designed to help them transition from “welfare” into “work”. Continue reading