Please Advise: Wrongly accused of THEFT in Halfords!

Wig

I have to say from the start I was thinking what Skippy, Stugib and andydixon have said.

He asked OP to empty his pockets, OP AGREED, AND COMPLIED, with no objection. There is no false arrest here, there is no unlawful search here.

And for gawds sake OP come back and put in an update!

stugib

hollydays wrote:

If you are saying the change in law allows civilians to search now-I stand corrected.

Not at all. I'd expect even though the law for citizens arrest seems to have been 'relaxed' (from memory) it wouldn't include stop & search.

But, as Wig has subsequently pointed out, it is not illegal to say 'please empty out your pockets'. It almost certainly would have been if illegal if the assistant had attempted to do this for the OP without their consent, and if they'd attempted to stop them leaving it then comes down to the definitions Skippy talked about. But I'm not going to say one way or another because I don't know the law well enough - there's a HUGE newsgroup discussion on the revised laws on uk.legal if you want more examples about people trying to interpret this kind of scenario (e.g. what happens if the alarm sounds when you leave the shop).

Choccyholic

Originally posted by Stugib
At the very most it was some sort of defamation if anyone else heard the accusation. If the OP refused to empty his pockets (as he was entitled) and was then stopped from leaving, or the staff member tried to empty them for him, then that's a different matter and brings unlawful arrest, detained against their will, and assault into the equation. But it didn't happen!

I totally agree with this point.
Good luck ot the OP.

hollydays

When I said it was technically a false arrest, i should have added-I think.

I have heard a train of discussion thats says that by being buttonholed on the shopfloor,asked(or told we are not sure yet,) to turn out your pockets( but obviously different issue if told) being put in a position to have to stand there and,be questioned (all this should rightly have been done out of view of the public) COULD amount to your liberty being taken away (arrest)-and yet i could see the point re the OP had complicity in this by staying-but have heard mutterings that(ok ignorance of the law is said to be no defence) that if she believed she had no choice,that amounts to arrest-but really am not sure.

Also,i know If the assistant had said to her something like "stay there", it could be an arrest. Hope OP lets us know.I too am not up on how the changes to pace affect alleged shoplifting issues-would be interested to know it in a nutshell-I have been told it gives more power to security staff,but how ,I dont Know.

trickytrolleys

For my tuppence worth: nobody has to lay a hand on you for them to be conducting a citizens arrest and a citizen can only "arrest" is a crime is in the process of being comitted - hence many people being sued when people are later found not guilty in court - no crime !!

Ellie2758

Hermia wrote:

I work in a library and we have two security guards which are very definitely needed! Friends who have not been in a library for years can't believe it when I tell them we have security guards!

Good grief, where do you work? I work in a library and the council are quite happy for the public to nick stuff. We have even had people get into staff rooms and nick staff's possessions. ((((

Horasio

Hermia wrote:

Poor you! I had always assumed that they couldn't do anything until you actually tried to leave the store. I had a horrible experience in HMV where a shop assistant didn't deactivate the tag in a DVD I had bought. It obviously set off the alarm and I got marched across the shop by two security guards and made to empty out my bag. Although the shop assistant apologised the customers in the shop obviously couldn't hear it and I had to walk across the shop again with everyone looking at me and whispering!

F'ing HMV - I got hassled for referring to a list of CDs I had on paper with the ones on their rack. I was after a lot of CDs to buy.

Sometimes staff do get above their station. CCTV should show any alleged theft or non theft. It sounds like an overzealous assistant and they need dealing with by going to the top!

I have worked in stores and the rule is if they leave the premises without paying, it is theft, not before. You can put everything in your bag whilst instore, although there might be a chance you forget to pay for everything as items could get lost with the rest of the contents of your bag.

I have tackled real shoplifters in my time and told them, tactfully, to pay or they face further action.

It is one of my biggest dreads, being caught for wrongful shoplifting - the humiliation:o

Poppy9

Any store can ask a customer to leave their premises for no reason. They do not have to admit you or serve you.

As other posters have said they cannot search you and if they physically hold onto you in the store they are guilty of assault and false imprisonment. Call the police and demand they take action.

Police and rarely get called to HMV as they always ask potential shoplifters to return the goods to the shelf and leave the store. Other stores, especially supermarkets, follow shoplifters for ages, let them steal the goods (i.e. leave the store) and then call the police. Yes poundshops get shoplifters usually kids nicking stuff:o