Advice - ASDA Security Guard

Johnnytwostep

GrumpyPL wrote: »

Thanks but I actually live alone and probably make more money per year than you have made in the last 2 and I'm 19, so take a seat buddy. :money:

Good post, bragging about how much money you make whilst shopping in ASDA, which is next in line to raking through bins

JReacher1

johnnytwostep wrote: »

good post, bragging about how much money you make whilst shopping in asda, which is next in line to raking through bins

lol.........

pendragon_arther

JReacher1 wrote: »

I wouldn't let him look in my bag, especially if it had confidential papers in.

I think the OP acted correctly in saying he would wait for the police if they insisted on looking in it.

Yeah, but you're ex-Special Forces and below the radar and you would have used Krav Maga to disable them.

timbstoke

stevemLS wrote: »

See s24A Police and Criminal Evidence Act 1984

24A Arrest without warrant: other persons
(1) A person other than a constable may arrest without a warrant—
(a) anyone who is in the act of committing an indictable offence;
(b) anyone whom he has reasonable grounds for suspecting to be committing an indictable offence.
(2) Where an indictable offence has been committed, a person other than a constable may arrest without a warrant—
(a) anyone who is guilty of the offence;
(b) anyone whom he has reasonable grounds for suspecting to be guilty of it.
(3) But the power of summary arrest conferred by subsection (1) or (2) is exercisable only if—
(a) the person making the arrest has reasonable grounds for believing that for any of the reasons mentioned in subsection (4) it is necessary to arrest the person in question; and
(b) it appears to the person making the arrest that it is not reasonably practicable for a constable to make it instead.
(4) The reasons are to prevent the person in question—
(a) causing physical injury to himself or any other person;
(b) suffering physical injury;
(c) causing loss of or damage to property; or
(d) making off before a constable can assume responsibility for him.
[
(5) This section does not apply in relation to an offence under Part 3 or 3A of the Public Order Act 1986.
] 2

The person effecting the arrest MAY use reasonable force to do so.

I'm afraid post #3 is mistaken.

No they aren't. Read it again. He can arrest if he has reasonable grounds to believe an indictable offence is being committed. The offence of theft would already be complete at the point the security guard attempted to stop OP, so his powers under 1(b) have passed. Therefore, his only power comes under 2(b), which requires that he knows that the offence has taken place. Also, at this point he has no reasonable grounds for believing that any of the reasons in (4) apply, so he has no power of arrest anyway.

stevemLS

timbstoke wrote: »

No they aren't. Read it again. He can arrest if he has reasonable grounds to believe an indictable offence is being committed. The offence of theft would already be complete at the point the security guard attempted to stop OP, so his powers under 1(b) have passed. Therefore, his only power comes under 2(b), which requires that he knows that the offence has taken place. Also, at this point he has no reasonable grounds for believing that any of the reasons in (4) apply, so he has no power of arrest anyway.

Nope, it wouldn't be complete.

The "dishonest appropriation" starts with the removal of the article from the shelf and ends once the thief has left the premises without paying.

akkers

You should have co-operated or at least asked to see manager. Leaving the scene is not sensible. The problem is that the police are likely to believe people in authority than you.
One thing you can do is to ask for CCTV recordings. Or at least report to police for harrassement and ask CCTV recordings to be examined.

Spicy_McHaggis

akkers wrote: »

You should have co-operated or at least asked to see manager. Leaving the scene is not sensible. The problem is that the police are likely to believe people in authority than you.
One thing you can do is to ask for CCTV recordings. Or at least report to police for harrassement and ask CCTV recordings to be examined.

Harassment requires a course if conduct not a one off incident.

boliston

akkers wrote: »

You should have co-operated or at least asked to see manager. Leaving the scene is not sensible. The problem is that the police are likely to believe people in authority than you.
One thing you can do is to ask for CCTV recordings. Or at least report to police for harrassement and ask CCTV recordings to be examined.

I can't see that the OP had any reason not to leave the scene. Perhaps if it was a store he frequented then he might want to remain on good terms with the staff BUT this was an Asda store he had no reason to return to (don't blame him ) so he would have nothing to gain by cooperating with the staff member and no legal requirement to either as the staff member is simply a member of the public with no extra authority over the OP.

giantmutantbroccoli

Make a complaint to your local ASDA store manager - if you don't fancy writing a letter, you can go in and ask to speak to the manager, or you could even take your complaint to head office. Tell the manager what happened, that you offered to wait for the police, and ask them to check their CCTV. Leave out all the irrelevant junk about how big, tough and rich you are, the stuff about the security guard being foreign, smelly and illiterate, and the stuff about the woman at the checkout counter - you won't get anywhere if you sound like a nut. You didn't steal anything, and the fact that you didn't steal anything will be recorded on their CCTV so you don't need to worry about the police.