In 2023, three-quarters of store access bans were breached, highlighting the ineffectiveness of the legislation aimed at protecting retailers. Despite being in effect for over three years, the law on access bans continues to yield inconsistent interpretations from the courts, according to a analysis by Svensk Handel. This inconsistency raises concerns about the rule of law, as stated by Nina Jelver, Swedish Trade's security manager.
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The Access to Stores Act, implemented on March 1, 2021, aims to create safer shopping environments and protect retail employees. However, Swedish Trade's analysis reveals that the law has fallen short of achieving these goals.
In 2023, 483 applications for access bans were submitted, with only 48% resulting in bans being issued. Moreover, significant regional disparities were observed in the application of the law. Notably, the criteria for granting access bans vary among different prosecution chambers, leading to inconsistent outcomes for similar cases.
To improve safety for staff and customers, Svensk Handel emphasises the need for greater consistency in applying the law on access bans. The current discrepancies suggest that the interpretation of the law by prosecution chambers differs, creating a legal lottery that undermines its effectiveness.
Furthermore, the lack of written justifications for decisions regarding access bans adds to the legal uncertainty. In 2023, a staggering 95.4% of decisions lacked proper justification, hindering retailers' ability to understand the basis for refusals.
The high rate of access ban violations, with 174 reported incidents in 2023, underscores the law's shortcomings. To address this, Swedish Trade calls for stricter enforcement and tangible consequences for offenders.
More information:
Svensk Handel
www.svenskhandel.se