Accused of shoplifting

mrshughjackman

I am not sure if here is the right place to post this, I apologise if not!

Tonight I was in a well known store with my 18 yr old son (who is autistic), he was carrying a used carrier bag which we had taken with us to avoid the bag charge. Usually I forget to take one but we had remembered today.
He had asked if he could have a meal for his tea which I agreed so he chose one and picked it up. Unbeknown to me he put this item in the carrier bag to carry round until we paid. I wondered off and picked up a few other bits and pieces and met up with him before we went to pay. I asked him where his meal was and told him off for putting it in the bag when he showed me, I was even joking with him that we would be accused of shoplifting!
Anyway we went off to pay for everything and packed it up. Then I remembered I hadn't bought a gift voucher for a birthday present, so he waited at the end of the checkouts when I went back in and bought a gift voucher. All paid for and we were ready to go.
So we started walking out of the store and were stopped by 2 staff members who asked to check my bags as a member of the public had informed them we had put something in our bag and not paid at the tills.
I was more than happy for them to go through all the shopping and obviously everything was accounted for on the receipt. He apologised and confirmed a member of the public had reported this and they had to follow it up but they could see everything was in order.
I was really embarrassed and should have said more but I just wanted to go so I just left.

What I am wondering is should they really have stopped me on the say so of a member of the public. i haven't got any knowledge of shoplifting related legislation but from when I worked in a shop years ago I thought you had to see someone hide an item and then deliberately not pay to be able to stop them but it may have changed since then.

AJXX

I'd assume if they have some sort of reason to suspect you then they could well check your bags etc...

Large supermarkets tend to have camera operators as well whom could have then checked the CCTV on the basis of the member of public flagging it to them - the CCTV images could show your son putting the meal in his bag or you approaching the checkout several times (which may have seemed suspicious to them).

I think by "saying more" you'd only be causing a scene and making it worse for yourself

tomtontom

They asked to check your bags, you agreed to let them do so. The law would only come into play if they tried to prevent you from leaving or tried to access your belongings without your consent.

cookie365

Security guards are just members of the public with uniforms.

They have no right to demand to see the contents of your bag, though they have every right to ask you to show the contents of your bag, and you have every right to refuse.

They can only detain you using the same powers that any member of the public has to make a citizens arrest.

http://www.inbrief.co.uk/police/citizens-arrest.htm

In practice that means that they themselves have to have seen you take the item and walk out of the store, keeping you in sight at all times, to be able to detain you using reasonable force.

Get it wrong, and they could be open to a prosecution for unlawful detention or assault.

As in this case your entire interaction with the guard was by your consent, it doesn't seem like they broke any law.

mrshughjackman

Thanks for the replies, I think I will just put this one down to experience!
Was just annoyed due to total embarrassment of it, having bag searched in entrance, but I wanted them to check to prove we hadn't stolen anything.
It's been one of those days today!

AJXX

mrshughjackman wrote: »

T
Was just annoyed due to total embarrassment of it, having bag searched in entrance, but I wanted them to check to prove we hadn't stolen anything.

You're sort of contradicting yourself; you say you wanted them to search your bags but then say it annoyed you and caused embarrassment.

To be honest I don't think they've done anything wrong you consented to the search and frankly while your actions are completely innocent I can certainly see why some elements of your behaviour would seem odd to other members of the public or appear out of place to a CCTV operator.

NotRichAtAll

On the flip side what would you have done had you seen a person place an item in their bag while in the shop turn a blind eye and say nothing or mention it to a member of staff?

DCFC79

Should have used a basket.

Mojisola

mrshughjackman wrote: »

So we started walking out of the store and were stopped by 2 staff members who asked to check my bags as a member of the public had informed them we had put something in our bag and not paid at the tills.

I was more than happy for them to go through all the shopping and obviously everything was accounted for on the receipt. He apologised and confirmed a member of the public had reported this and they had to follow it up but they could see everything was in order.

I was really embarrassed and should have said more but I just wanted to go so I just left.

I've had the alarms go off when leaving a store and been quite happy for staff members to empty out my bag and check that I'd paid for everything. Why did you find it embarrassing - you hadn't stolen anything and anyone watching would have seen that and known the staff had apologised to you.

Pollycat

DCFC79 wrote: »

Should have used a basket.

I agree.
If everything the OP picked up - including her son's meal - had been put straight into the basket, there wouldn't have been any issue at all.

I also agree with AJXX that the OP seems to contradict herself about 'being more than happy for them to go through all the shopping' and then 'I was really embarrassed and should have said more'.

ThumbRemote

DCFC79 wrote: »

Should have used a basket.

Pollycat wrote: »

I agree.
If everything the OP picked up - including her son's meal - had been put straight into the basket, there wouldn't have been any issue at all.

Good grief.

If only the OP had pointed out that the item was put into the bag by her autistic 18 yr old son, without her knowledge.