Assaulted by Tesco store security

unholyangel

My local store goes off quite often.

I've even gotten into the habit of keeping my receipt in hand. If i think its something i've bought i'll go over to the counter and give them my bags and receipt. If i dont think its me, i'll put the bags through one at a time through the sensors to see if they set it off. If they dont, the staff will nod me to go.

Might take a minute or two out of my time but at least then the staff - and other shoppers - know i'm not a thief.

Then again, maybe i only feel like that as the area i stay, we're subject to the 2 degrees of seperation....not 6.

Googlewhacker

I thought that if a suspect refuses to cooperate that security can use reasonable force which from the OP's description sounded very reasonable to me?

MT90

Googlewhacker wrote: »

I thought that if a suspect refuses to cooperate that security can use reasonable force which from the OP's description sounded very reasonable to me?

Well kind of. security guards have the same power as you and me. If a security guard detains you, against your will, or uses any force above mere tapping on the shoulder to get your attention than they enter a very danger ball park. The only way their use of any force would be legal is if you have in fact stolen items. If it turned out you hadn't, than the security would of committed an assault, and you would be able to 1) inform the police, 2) sue for damages.

These are security guards, not police officers, they don't have the protection of 'reasonable suspicion'. Just because an alarm goes of as you walk through doesn't mean anyone other than a police officer can use force against you.

Tesco_Hater

Oh !!!! off. Physically assaulting me is not reasonable force; it was completely unnecessary. The colour of his skin is of no consequence; it was his unnecessary aggressiveness and attitude I took objection to. Whatever happened to innocent until proven guilty? Whatever happened to the customer is always right? How many times must those damn alarms go off during a day; I surmise that the majority are because the checkout numpties have forgotten to take the security tag off.

Why should I even bother responding to someone asking a stupid question about whether I'd bought something electrical. More like a consumer survey than a security question. Maybe he should start by telling me who he is for a start. Just because their anti-theft technology does not work properly shouldn't make me be treated like a thief.

Until such time as his friend put a hand on me I was quite happy to have a conversation in transit. After being unnecessarily assaulted that went out of the window. The black guy needs retraining, and if I decide to make a complaint that is how I shall identify him - its the most obvious identifying aspect whereas my perception of thuggishness would be seen as subjective.

mountainofdebt

I'm bored now - even the subsequent posts by the OP are like all the others.......

Please tell me MSE aren't reposting threads to cover the slow period over the summer time like they do on the BBC

unholyangel

Tesco_Hater wrote: »

Oh !!!! off. Physically assaulting me is not reasonable force; it was completely unnecessary. The colour of his skin is of no consequence; it was his unnecessary aggressiveness and attitude I took objection to. Whatever happened to innocent until proven guilty? Whatever happened to the customer is always right? How many times must those damn alarms go off during a day; I surmise that the majority are because the checkout numpties have forgotten to take the security tag off.

Why should I even bother responding to someone asking a stupid question about whether I'd bought something electrical. More like a consumer survey than a security question. Maybe he should start by telling me who he is for a start. Just because their anti-theft technology does not work properly shouldn't make me be treated like a thief.

Until such time as his friend put a hand on me I was quite happy to have a conversation in transit. After being unnecessarily assaulted that went out of the window. The black guy needs retraining, and if I decide to make a complaint that is how I shall identify him - its the most obvious identifying aspect whereas my perception of thuggishness would be seen as subjective.

You are neither our customer or in a court of law. You posted on here for opinions.........is it our fault you dont like our opinions?

Checkout numpties? The fact that you are implying it was through stupidity rather than a honest mistake just goes to show exactly what kind of attitude you have towards people and that you have no consideration.

You think they're dumb? Yet you didnt have the ability to add 2 + 2 (the alarm going off and then being asked if you bought anything electrical)?

Get off your high horse. Your actions contributed towards the outcome. Had you stopped and answered their questions, the outcome would have almost certainly been different and would have taken up less of your time.

adouglasmhor

MarkyMarkD wrote: »

Fearing that I was attempting to evade an entirely valid citizen's arrest on suspicion of theft.

Just for anyone who believes this nonsense a citizens arrest is only lawful in the UK if the arrester sees the arrestee committing a crime - not suspicion.

Vomityspice

As no one else seems to have answered the question, I'll have a stab (perhaps not the best word.....).

The fact that they guards physically touched you would amount to a common assault (Prev. OAPA now Crim. Just Act 1988). Potentially it could also be classed as a battery(As there was physical force but no violence).

If you want to progress this further you need to phone the police and report the crime. If, after consideration of the CPS decide not to prosecute, you can take a civil prosecution out yourself.

MT90

Vomityspice wrote: »

As no one else seems to have answered the question, I'll have a stab (perhaps not the best word.....).

The fact that they guards physically touched you would amount to a common assault (Prev. OAPA now Crim. Just Act 1988). Potentially it could also be classed as a battery(As there was physical force but no violence).

If you want to progress this further you need to phone the police and report the crime. If, after consideration of the CPS decide not to prosecute, you can take a civil prosecution out yourself.

There is no question of it being battery, the application of unlawful force is battery. Assault in its true definition is merely the threat of the application of unlawful force.

Vomityspice

MT90 wrote: »

There is no question of it being battery, the application of unlawful force is battery. Assault in its true definition is merely the threat of the application of unlawful force.

Won't the force be unlawful as the OP did not have stolen goods?????

You can't grab hold of someone because of a suspicion. Common law arrest would require observation of the offence, which presumably couldn't have happen?

Therefore I still believe there is potentially a battery offence committed.

Just my opinion, happy to be corrected, criminal law is not my specific area of legal expertise!