accused of shoplifitng

geordie_joe

hothothot wrote: »

Its for the prosecution service to decide if the actions are reasonable. so I dont think Ben could safely give any examples.

I didn't ask him to give examples

He quoted something that said "if an individual arrests another person in one of the situations described above". and I pointed out that the bit he quotes was of no use without him also quoting the "situations described above".

geordie_joe

ben500 wrote: »

That information is available in the link I provided, a far better source of information than my withered old brain I assure you.

I wasn't asking for any information from your brain, just pointing out that it would have been more helpful if you had started your copy and paste a bit further up the article and included the situations that the bit you did copy mentioned.

hothothot_3

ben500 wrote: »

I'm assuming you have never witnessed one of these incidents at Tesco's, I assure you the tactics deployed by inexperienced and ill informed employee's falls far short of reasonable force. Whilst the cps are reluctant to prosecute the civil courts can, will and do award judgements against those carrying out unlawfull arrest or detainment especially in cases where force is used, incidentally the example given in an earlier post of "Deterring someones exit" by obstructing their path through an open door also constitutes arrest and would need to be fully justified or the instigator could be held accountable, you do not have to have any physical engagement with an individual in order to detain them.

dont understand your tone here, I agree with your posts

Am also fully aware of the pitfalls of making citizens arrest and just highlighting the fact that whilst staff / members of the public may not be prosecuted criminally for making a citizens arrest, there is the option of civil lawsuit which I have advised the OP there is the issue of unlawful imprisonment and assault which they should seek specialised legal advice over.

From personal experience I have seen out of court settlements for this very thing aswell as security guards being reported and charged.

HotLegs

I always like to give people the benefit of doubt (don't all start on me or I'll knock you out ) so if all this really happened then you best get yourself a good lawyer. I just wanted to say I hope your 2 babbas are okay and have a half decent Xmas.

hothothot_3

Also the OP should inform their lawyer that 'shoplifitng' is not and has never been a crime.

There has been a terrible miscarriage of justice here I think!

willa

Hothothot I look forward to reading your posts!

willa

I'm dying for MrK to come back!
I know, I know, sad, too much time on me hands.....

ben500

hothothot wrote: »

dont understand your tone here, I agree with your posts

Am also fully aware of the pitfalls of making citizens arrest and just highlighting the fact that whilst staff / members of the public may not be prosecuted criminally for making a citizens arrest, there is the option of civil lawsuit which I have advised the OP there is the issue of unlawful imprisonment and assault which they should seek specialised legal advice over.

From personal experience I have seen out of court settlements for this very thing aswell as security guards being reported and charged.

Apologies no critique intended, merely wishing to point out that it is not a given that store security and staff will act in a responsible and legal manner, quite the contrary they frequently don't especially in the case of Tesco. Also to endorse your comment regarding the cps not prosecuting, and that civil action will almost certainly be a victims only option.

ben500

geordie_joe wrote: »

I wasn't asking for any information from your brain, just pointing out that it would have been more helpful if you had started your copy and paste a bit further up the article and included the situations that the bit you did copy mentioned.

Be careful you don't exert yourself clicking on the link supplied. My post was to emphasise the fact that in the event of unlawful arrest or detainment the victim is fully within their rights to employ whatever reasonable force necessary to repel their assailants, to this end the portion supplied sufficed.

NattyVee

Have to say, the idea of just randomly having a big magnet in your pocket coupled with not having an inkling that your partner might be prone to nick stuff as well as refusing to comply with what security staff asked just doesn't sit well with me.

When you said to your partner to keep walking, what exactly did you think they'd do? If they did as you describe to the letter, admittedly it's very heavy handed, but your post screams bias towards yourself.

You admitted yourself that your partner takes items to the checkout with inadequate funds, so this puts her in the frame as someone who is in a desperate position. You hanging around away from her then meeting her at the doors? With a magnet? Do you see where I'm going with this?

Can't really blame Tesco's for their suspicion. It's like standing over a stab victim with a bloodstained knife and saying you're a hunter who was in the wrong place at the wrong time. There has to be an element of common sense here.