Horrible customer experience

cassidy0111

zzzLazyDaisy wrote: »

It is not a mountain out of a molehill!

OP was grabbed from behind and spun round, leaving a mark on his arm. That is totally over the top and unacceptable. It would have been sufficient for the security staff to approach him and ask him politely to accompany them. Apart from anything else, they had no way of knowing if their actions could have caused serious harm - I am disabled with a spinal injury and a balance problem due to neurological complications, on the days when I am well enough to go out, you might not notice from a distance, but if someone ran up to me and spun me round in the manner described, it is more likely that not that I would fall, and possible that I could sustain a serious injury.

Store staff should not be physically accosting customers.

Could not agree more!

olias

Oh come on everyone and get a grip (no pun intended!)

OP, you were genuinely but mistakenly suspected of shoplifting, and proved that it was a mistake. As far as I can see, the only issue is the fact that you weren't given a proper and suitable apology.

There was no 'assault'. The security guard has, under section 24a of the police and criminal evidence act, the authority to arrest and detain using 'reasonable force' anyone suspected of having committed and indictable offence.

I would argue that getting hold of someones arm to prevent them possibly fleeing would be 'reasonable' in the eyes of most people.

Olias

cassidy0111

olias wrote: »

The security guard has, under section 24a of the police and criminal evidence act, the authority to arrest and detain using 'reasonable force'

Wrong! South of Gretna maybe!

cassidy0111

olias wrote: »

Oh come on everyone and get a grip (no pun intended!)

OP, you were genuinely but mistakenly suspected of shoplifting, and proved that it was a mistake. As far as I can see, the only issue is the fact that you weren't given a proper and suitable apology.

There was no 'assault'. The security guard has, under section 24a of the police and criminal evidence act, the authority to arrest and detain using 'reasonable force' anyone suspected of having committed and indictable offence.

I would argue that getting hold of someones arm to prevent them possibly fleeing would be 'reasonable' in the eyes of most people.

Olias

The information I have received suggests to me that he had not followed the correct protocols to form a "suspicion" in terms of company policy and the standard of proof the Procurator Fiscal would require to pursue a charge. Hence, your argument is redundant.

olias

cassidy0111 wrote: »

Wrong! South of Gretna maybe!

Sorry, missed the Glasgow bit!

I would strongly suspect that it will be the same with whatever the relevant Scottish legislation is though.

I also still think that the only aspect of the whole incident that was un - reasonable, was the failure to acknowledge their mistake and apologise.

Olias

cassidy0111

olias wrote: »

Sorry, missed the Glasgow bit!

I would strongly suspect that it will be the same with whatever the relevant Scottish legislation is though.

I also still think that the only aspect of the whole incident that was un - reasonable, was the failure to acknowledge their mistake and apologise.

Olias

Think my conversation with the Police Officer at the time suggests your strong suspicion may be wrong. A security guard has NO legal right to place his hand on anyone. Stand up for your rights Olias!

Money-Saving-King

cassidy0111 wrote: »

A security guard has NO legal right to place his hand on anyone

I can't believe for one minute it's illegal to simply place your hand on someone!

cassidy0111

Money-Saving-King wrote: »

I can't believe for one minute it's illegal to simply place your hand on someone!

It is when you drag someone by the arm in to a small office. Stand up for your rights MSK!

mattyprice4004

cassidy0111 wrote: »

It is when you drag someone by the arm in to a small office. Stand up for your rights MSK!

You're telling people to stand up for their rights without knowing their location - they're more than likely in England.... therefore the legislation quoted above applies.

eskimo26

mattyprice4004 wrote: »

You're telling people to stand up for their rights without knowing their location - they're more than likely in England.... therefore the legislation quoted above applies.

Citizens arrest still has rules you can't just go grabbing people and leaving a mark on there arm and get away scot free with the excuse it was a citizen's arrest!

There are other considerations to make when making an arrest,

• reasonable force - see question in related information for details on reasonable force.
• potential for civil litigation - the courts are sympathetic to public spirited citizens and the exercise of their powers and rights, however, if you get it wrong you could be sued for unlawful arrest and/or false imprisonment.
• do not make a citizens arrest if you feel that you would be putting yourself or any other person in danger, ring 999.

If this is permissible under British Law then I would go down the root of civil litigation.

If you assault someone or falsely imprison them for any reason there should be consequences. Otherwise it won't be long before we are sleepwalking into a Police state where anybody with any perceived authority can do as they please.

Time for people to wake up, an apology doesn't forgive an assault especially by someone who is trained to know better.

There are no rules explaining the exact way to go about making a citizen’s arrest, but if you decide to make one, bear in mind the following points:

• you must inform the person what you are doing as soon as is reasonably possible;
• you must tell them why you are arresting them as soon as is reasonably possible;
• you must tell the person what offence you believe they have committed;

It is possible for a person to be sued for unlawful arrest or face civil litigation if a citizen’s arrest goes wrong or does not comply with the law. Consequently, you should think carefully before you make a citizen’s arrest, particularly as the legal issues involved are very complicated and may involve a lot of discussion in court.

OP did he declare the citizen's arrest? Sounds to me like this wasn't a citizens arrest so much as an overzealous guard.