Wrongly Accused Shoplifting In Tesco - Help

SkittyOnWailord

I'd like to add my own story. My local Sainsbury's has a strange layout in that you have to go out of your way to pick up a newspaper on the way in as they are positioned behind the cashiers desks. As a result (since I don't actually buy paper newspapers) security spends an inordinate amount of time asking to see people's receipts if they've paid for their goods and then checked the newspaper stand even if, like me, they're just skimming headlines.

Just to complete the bizarre layout of the store, the newspaper stand is also right next to the toilets. So imagine my non-surprise when by sheer statistically probability I was asked by security if they could just check my receipt and bag. I don't have a problem with that sort of thing because these people are just doing their job, and chatted with him for a few minutes while he did his checks.

And to my surprise he then thanked me for being a good sport about it. Apparently he's used to people getting annoyed and that a lot of people seem to think that asking to confirm that you're only taking what you paid for is tantamount to accusing them of being criminals.

Personally I just felt bad for the security guard.

SkittyOnWailord

Pound wrote: »

Worst case scenario is that you're charged with theft. But it will be up to the supermarket to prove that you did steal it. Simply not having a receipt won't be enough proof; they'd need CCTV footage to show that you didn't pay.

Additionally if you've paid by card (debit or credit) then presumably you could use the transaction time and value to add evidence that you had in fact paid for the product.

eyeinthesky

Pound wrote: »

Then when it turns out they hadn't stolen anything look forward to defending yourself against a kidnapping charge.

As a security guard you should know that citizens arrest is only permitted if you know the crime has happened not just because they didn't show you the contents of their bag.

The kidnapping thing would never happen, not in a million years! and I did say they would be forced to decide if they had sufficient evidence, giving them reasonable suspicion, before making an arrest.

eyeinthesky

oldone wrote: »

Even the so called 'citizens arrest' is a big no-no, as it could lead to the security guard, or indeed anyone else being accused of assault.

An arrest can be made without touching the person, simply by telling them that they are under arrest. Reasonable force is then allowed if the person refuses to comply.

oldone_2

eyeinthesky wrote: »

An arrest can be made without touching the person, simply by telling them that they are under arrest. Reasonable force is then allowed if the person refuses to comply.

As I said in my last post,this could then lead you to being accused of assault or even kidnapping, especially if you have 'arrested' an innocent person

http://news.bbc.co.uk/2/hi/uk_news/magazine/6323391.stm

Some more information on Citizens Arrests.

http://www.kevinboone.com/citizens_arrest.html

Pound

eyeinthesky wrote: »

The kidnapping thing would never happen, not in a million years! and I did say they would be forced to decide if they had sufficient evidence, giving them reasonable suspicion, before making an arrest.

Google for:
citizens arrest kidnap
citizens arrest kidnap security

Plenty of results.

Also, you need more than reasonable suspicion to lawfully place someone under citizens arrest. Only the police can arrest someone they reasonably suspect has committed a crime.

DCFC79

Has the OP replied recently

eyeinthesky

oldone wrote: »

As I said in my last post,this could then lead you to being accused of assault or even kidnapping, especially if you have 'arrested' an innocent person

http://news.bbc.co.uk/2/hi/uk_news/magazine/6323391.stm

Some more information on Citizens Arrests.

http://www.kevinboone.com/citizens_arrest.html

Try reading your links again, from your first one:

Mr Tyers said he believed he was "doing his public duty" but then endured "six months of hell" until his case was dismissed by Judge John Dowse at Hull Crown Court.
The judge said the Tyers had acted "reasonably", leaving the Crown Prosecution to defend the prosecution as "being in the public interest".

And from your second link:

If a store detective finds a customer stuffing a bottle of whiskey into his coat pocket, does that provide the store detective with grounds for a lawful arrest? Probably it does: he only needs reasonable suspicion that the customer is committing an arrestable offence. The facts would seem to support such a suspicion; it doesn't have to be a certainty.

I believe this answers Pound as well.

Pollycat

DCFC79 wrote: »

Has the OP replied recently

The OP (who's not a newbie & posts on lots of other forums on MSE) hasn't posted on this thread for a few days.
However, he/she has posted on a number of other topics more recently.

I think that the replies, on here and the other forums, have probably made the OP embarassed about the whole incident and almost certainly wishing that they'd shown the receipt when asked and even if the incident had still happened, they wish they'd never posted about it.
Most definitely, the sympathy and support they were hoping for hasn't been fothcoming.

Maybe we should all declare this topic closed and move on.
I for one am not going to say anything more on the subject. :silenced:

SpammyTheSpammer

Pound wrote: »

Google for:
citizens arrest kidnap
citizens arrest kidnap security
Plenty of results.
.

Errrm, like some one else pointed out to me recently, you also get LOADS of results on a GOOGLE search for these: -
teddybear +killed +person (about 538,000 results)
cuddly +toy +murdered +me (11,900 results)
Watch out for those plush toys