accused of shoplifitng

Welshwoofs

never-in-doubt wrote: »

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.

So if the OP's story is true (and personally I think that's doubtful), he would indeed have an extremely strong case against the Tesco security guards as I'm assuming there would be plenty of physical witnesses or CCTV footage.

gordikin

never-in-doubt wrote: »

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 detain 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.

1. says a security guard cannot detain you, and 3. says he can?

never-in-doubt

Welshwoofs wrote: »

So if the OP's story is true (and personally I think that's doubtful), he would indeed have an extremely strong case against the Tesco security guards as I'm assuming there would be plenty of physical witnesses or CCTV footage.

Yes, of course. I mean you cannot go and grab older people (or anyone for that matter) and haul them to the floor. In fact, if I recall Tesco staff have all been told NOT to intervene in such a way - after the fatal stabbing of one of their staff in London..... Basically, security should have the basic skill-set to know when to walk away or to take a risk. The front of house staff (i.e. checkout staff) have no experience in this and could potentially get themselves killed, or a colleague. They are employed as till operatives for a reason - security is employed (usually outsourced in fairness) to secure the staff, building and assets. That is it.

A lot of people think security staff get all high-and-mighty, they don't. They earn a pittance and can easily be bribed and most will never manhandle another person because it just aint worth it for £6 - £7 per hour.

The OP has every right to claim for common assault against both Tesco and whoever the security was - however i'll struggle to believe security done anything. My company, who I work for, for instance tell all retail officers NOT to venture outside in pursuit of a thief. It is for the store to take the loss - not a loss of life. And I work for the largest security company in the UK (not difficult to guess).... however I don't work in frontline guarding but obviously know their role and the rules of an officer and SIA guidelines etc....

never-in-doubt

gordikin wrote: »

1. says a security guard cannot detain you, and 3. says he can?

Yes - thanks for the pointer LOL - try again........ better if NID never made a typo lol

Basically if the store manager says we are detaining you until the police arrive, 99% of people will just follow you and realise the game is up. This is why point 1 says 'he cannot detain you without your permission' cos usually people will oblige and say, fine - I got caught or whatever!.

Sorry for confusion....

gordikin

never-in-doubt wrote: »

Yes - thanks for the pointer LOL - try again........ better if NID never made a typo lol

Basically if the store manager says we are detaining you until the police arrive, 99% of people will just follow you and realise the game is up. This is why point 1 says 'he cannot detain you without your permission' cos usually people will oblige and say, fine - I got caught or whatever!.

Sorry for confusion....

So now it's the store manager that's detaining/not detaining people?

never-in-doubt

gordikin wrote: »

So now it's the store manager that's detaining/not detaining people?

Well of course the manager makes the decision! I'll tell you something funny (or silly - you decide).... Boots have a policy not to let security stop 'customers' - they can only assist staff.

Therefore tell me this, you work security for a shop and see kids nicking - they are allowed by the store manager to walk right past you, cos you were told in your briefing not to stop anyone, then what? You don't think they will come back later with mates and do the same again....?

I am not agreeing with the manager having the decision, but you have to cover your own arsey - no disputing that. I guarantee if a law suit is brought about Tesco they will look to blame the outsourced security before taking the flak themselves...... proven in several cases to date. :rolleyes:

Errata

someone called an ambulance

Hope someone cancelled it, otherwise there'll be two very p1ssed off paramedics hanging around waiting for the 'patient'

spike7451

Errata wrote: »

Hope someone cancelled it, otherwise there'll be two very p1ssed off paramedics hanging around waiting for the 'patient'

Sorry,two P ikey's just drove off in it......


TAXI!

DX2

custardy wrote: »

well then he would have more important things to deal with than posting on forums and puffing about taking Tesco to court

Especially a year after the event

durham_girl

DX2 wrote: »

Especially a year after the event

Where does it say that? In the OP it says

I was in Tescos stores newbury the other day Thursday this week