Accused of Theft In A Shop

naedanger

hollydays wrote: »

Billy_Bullocks wrote: »

It's a free country, there's nothing stopping them. If you don't like it shop elsewhere.[/QUOTE

Really?
Can you provide some links ?
I've looked at various police directives for stores -nowhere can I see " ask the suspect how the item got in their bag if you see something that might be your stock" as one of the things to do to prevent theft.
I've not seen " it's a free country , shop elsewhere "
on the statute

I think Billy Bullocks is winding you up a bit. It is legal for the member of staff to ask almost anything they like. That does not mean M&S would necessarily find it acceptable. So you could certainly complain if you felt you were being asked something inappropriate - e.g. to supply receipts for items in your personal trolley or bag.

You are also free to refuse to answer any question. M&S are free to ban you (though I doubt they would without good reason e.g. refusing to answer a reasonable question). You are free to shop elsewhere.

You are also free to walk out at any time unless they make a citizen's arrest, which they will be careful only to do if they have very good cause.

Thunderbird4

hollydays wrote: »

Billy_Bullocks wrote: »

It's a free country, there's nothing stopping them. If you don't like it shop elsewhere.[/QUOTE

Really?
Can you provide some links ?
I've looked at various police directives for stores -nowhere can I see " ask the suspect how the item got in their bag if you see something that might be your stock" as one of the things to do to prevent theft.
I've not seen " it's a free country , shop elsewhere "
on the statute

You seem to be saying that as long as you are clever enough to put things in your bag without anyone seeing you do it then you can't be accused of theft :rotfl:

unholyangel

hollydays wrote: »

I'm sure others can come forward and explain this way n more detail, I'm going out now But the law in this area talks about " "appropriating property belonging to another " and clearly if the customer hasn't been seen picking up the item, the staff can not be sure that the items in question belong to ' their' shop and vigilant action is not recommended.
Deanna you are absolutely correct that they should not have done what they did.

This is very basic law.

There is no requirement for them to have seen anything. You do not need to prove guilt beyond all reasonable doubt before accusing someone (or even before arresting them) - thats what court is for.

Theres nothing to stop/prohibit them asking such questions. Equally theres nothing forcing you to answer those questions.

Now if they had tried to forcibly detain OP, that would be another matter. It amounts to a citizens arrest which you can only do to someone in the act of committing an indictable offence or if you have reasonable grounds to believe they have committed an indictable offence (for example you witness them doing it). However if you are mistaken, you might find yourself being charged with assault or unlawful arrest/imprisonment.

shaun_from_Africa

hollydays wrote: »

I'm sure others can come forward and explain this way n more detail, I'm going out now But the law in this area talks about " "appropriating property belonging to another " and clearly if the customer hasn't been seen picking up the item, the staff can not be sure that the items in question belong to ' their' shop and vigilant action is not recommended.
Deanna you are absolutely correct that they should not have done what they did.

This is very basic law.

If as you say, it is very basic law then it should be easy for you to quote exactly what law has been broken by someone asking how the item came to be in the trolley.

micky2phones

deannatrois wrote: »

Today I was in a Bargain Buys Store just after buying some items in a B&M Store less than 50 yards away. I had a shopping trolley (mine for carrying shopping home) with two boxes of noodles amongst other items. I was just about to pay for the items in my basket when I was asked how the noodles had gotten into my trolley. It was fairly embarrassing. I said I bought them in B&M's a few minutes ago. The person standing beside the till persisted with 'but we have these in this store' pointing to the noodle boxes. I said "I don't care, I bought these from B&Ms". Fortunately I was able to find the receipt and prove it. Obviously they weren't really high value items.

But what if I hadn't?

I said to the person I was speaking to that they had questioned me in front of a number of people, and unless someone in the store had seen me put the items in my trolley from their shelves, they did not have cause to think I had stolen them.

Are they allowed to question me without any evidence I had stolen the items.., except for the fact that these noodles were in my shopping trolley? There is a store that sells obviously very similiar items 50 yards away. I can't be the only person to have bought items from one store, then go to another store that sells similar items.

I am sure it will seem like nothing to most, but I feel quite vulnerable to this happening again. Being accused of theft in front of a queue full of people.

As I said.., what if I hadn't had a receipt? I quite often get hassled when co-ordinating putting stuff away, putting money away, paying for items.., acknowledging what the till person is saying and quite often lose receipts.

Will writing to the store in question and asking that people aren't stopped without actual proof of theft (being seen removing items from shelves and putting them in their basket) do any good. Are they supposed to have proof before questioning customers?

Obviously I won't be going in there again. I didn't argue loudly or anything or get rude, but it was quite distressing.

Hi, the thing is what if no receipt was given in the 1st shop ?

Look at the trouble and upset that may have caused ?

Im sure in some shops i have been asked if i want a receipt and have seen others say no to a receipt

kingfisherblue

deannatrois wrote: »

I totally agree Kingfisher, I get so annoyed with myself when I lose things. Unfortunately I do get overwhelmed in shops and a bit fumbly at tills. I try to reduce this by being organised but when overwhelmed things go wrong. I now have my travel card on a line around my neck cause I lost it twice in two weeks (have two kids with ASD as well and lost the travel cards because both kids were with me at the bus stop on the way home and I was dealing with them getting stressed out). Sorry I know it sounds like the mad being responsible for the inmates lol. Same with bank cards. Its very annoying. I do try to be organised to stop being overwhelmed but it doesn't always work. Its quite funny in an ironic way, I'm overwhelmed, trying to deal with two overwhelmed kids. And no I don't shout at them.., I just try to calm them down.

Now I've got more to worry about and I'd have felt a bit better (less viewing shopping as potentially dificult) if I knew shops can't do this. But such is life, can't be helped.

Sorry, didn't mean to post endlessly over what was essential two boxes of noodles (one has to have a soh about these situations). Thank you for your suggestions.

I fully understand Deanna. One of my son's is on the ASD pathway, currently undergoing diagnosis and can be disorganised - and is always losing things! My other son has Down's Syndrome and likes to pay in shops, but will quite happily hand over 2p and then hold his hand out for change! My son with DS, though, will stand there until he has a receipt (I think that he thinks it is worth something).

Because of the ASD, and to reduce the panic and fumbling, a regular routine at the till can be helpful. It can calm you and hopefully will reassure you that you have everything. You can take carrier bags with you (some trollies have an extra pocket at the front - you could keep them in there). Just remember to put them straight back into the trolley when you empty the bags when you are home. Bags inside the trolley can also be useful when trying to get the stuff out of the bottom - not as much bending down.

Rosemary (post 24) has good advice about chucking stuff in and then sorting out at your leisure. I've done this many times. It might work for you. It's just a case of trying.

Once you have a routine that suits you, life will be easier and hopefully you won't have to face anything like this again.

[Deleted User]

Thank you so much. Yes, I am terrible about remembering to put bags in my trolley (along with checking have I got my cards, phone, keys, dealing with the kids, has the dog been let in and out, have I got my medications on me, am I in time for the bus, where are shoes/glasses etc) but have now got about ten of them in there so I don't have to even think about putting bags in my shopping trolley lol.

I do a lot to try and reduce stress while out the house as I do get overwhelmed (your brain feels like its full of cotton wool), but this creates stress in itself lol.

Thank you for all your suggestions. Its a shame there's no certainty as to whether shops can do this, but it is as it is, I shall use bags from now on.

I won't be going to Bargain Buys again! Its probably a training issue.

The-Truth

shaun_from_Africa wrote: »

If as you say, it is very basic law then it should be easy for you to quote exactly what law has been broken by someone asking how the item came to be in the trolley.

Unfortunately in this case Hollydays and quoting even very basic law doesn't seem to mix!

hollydays

The-Truth wrote: »

Unfortunately in this case Hollydays and quoting even very basic law doesn't seem to mix!

I am rather busy but I will get to it

hollydays

shaun_from_Africa wrote: »

If as you say, it is very basic law then it should be easy for you to quote exactly what law has been broken by someone asking how the item came to be in the trolley.

The basic law I was referring to was the definition of theft-which I part quoted in one of my posts , number 28.