accused of shoplifitng

never-in-doubt

DCFC79 wrote: »

security guards and trained staff do have power to detain shoplifters, ive sene it done, the culprit is detained and then taken to a room away from view and held there until the police come

No security staff actually have the same rights as joe public - none!

However they do, (as does joe public), have the right to make a citizens arrest.

never-in-doubt

NickyDee wrote: »

More importantly, what was the game?! Looking for some gift ideas this Xmas...

It was called 'Grand Tesco Theft - Rise of the magnet Tea-Leaf'


:rotfl::rotfl:

Sagz_2

WILL YOU ALL PLEASE STOP!

I've gotta go find my inhalor, this laughing is gonna kill me

never-in-doubt

Norbertsmum wrote: »

WILL YOU ALL PLEASE STOP!

I've gotta go find my inhalor, this laughing is gonna kill me

LOL, make sure you're nowhere near Tesco or you may not get to it in time..... :rotfl: :rotfl: :rotfl:

Sagz_2

OK............. carry on

spike7451

Dey wur lookin 4 nu clobba 4 da nxt rave,innit!...

willa

spike7451 wrote: »

Dey wur lookin 4 nu clobba 4 da nxt rave,innit!...

Spike are you an AE of MrKringle?
(only kiddin :rotfl:)

never-in-doubt

Red_Shoes_No_Knickers wrote: »

Oh dear dear dear, what about the children? I hope they are ok! :A

I just love your username..... :rotfl: :rotfl:

Welshwoofs

DCFC79 wrote: »

security guards and trained staff do have power to detain shoplifters, ive sene it done, the culprit is detained and then taken to a room away from view and held there until the police come

Ahh but if they have the power to detain as a citizens' arrest (which any one of us do), I'm a bit dubious whether that power would also include physical force. I'm sure I've read somewhere that if you make a citizens' arrest and physically detain someone who is later cleared of any wrong-doing, you as the person who did the citizens' arrest are then left wide open to suits for wrongful imprisonment (if you locked them in a room somewhere until the police came) and assault (if you used physical force to detain them).

I'd think that in scenarios such as the Op describes, private security guards would have to be extremely careful about what they did and certainly rugby tackling someone to the ground and kicking them would be grounds for an assault charge

never-in-doubt

Welshwoofs wrote: »

Ahh but if they have the power to detain as a citizens' arrest (which any one of us do), I'm a bit dubious whether that power would also include physical force. I'm sure I've read somewhere that if you make a citizens' arrest and physically detain someone who is later cleared of any wrong-doing, you as the person who did the citizens' arrest are then left wide open to suits for wrongful imprisonment (if you locked them in a room somewhere until the police came) and assault (if you used physical force to detain them).

I'd think that in scenarios such as the Op describes, private security guards would have to be extremely careful about what they did and certainly rugby tackling someone to the ground and kicking them would be grounds for an assault charge

To answer this properly,

1. A security guard cannot lock you in a room nor can he detain you without your permission.

2. A security guard cannot use 'excessive force' (note the word excessive)

3. A security guard can DETER you but can only stand in the way of an unlocked door (like body block you)

4. If whilst being detained you need to the loo, the security guard has to let you go but can stand with the door open whilst you're there

5. A security guard can refuse to let you smoke whilst detaining you

Basically, the laws are quite simple in that anyone can make a citizens arrest but it is how the arrest and subsequent holding of the citizen that will come under scrutiny.

The old bill generally cover security anyway (i.e. take their side).....

So in this instance, had the OP and his wife walked away the store staff and security had no right in manhandling them and as such, common assault charges can be brought against both tesco employees and the security.

It is strictly forbidden and illegal.