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Unjustly Stopped: Understanding My Rights as a Tesco Shopper if this happens again

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  • user1977
    user1977 Posts: 17,780 Forumite
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    Unless the "shoplifter" has eaten the food he hasn't actually stolen anything until he leaves the store!

    Shoplifting is just a term to describe theft and the offence of theft occurs when someone dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it, might be wrong of course but I'm not sure you can't be charged for committing the offence because you've yet to leave the store. 

    You could be charged with attempt. Doubt the police would be interested though.
  • Undervalued
    Undervalued Posts: 9,553 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Unless the "shoplifter" has eaten the food he hasn't actually stolen anything until he leaves the store!

    Shoplifting is just a term to describe theft and the offence of theft occurs when someone dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it, might be wrong of course but I'm not sure you can't be charged for committing the offence because you've yet to leave the store. 

    I assume you could create doubt by saying as you hadn't left the store you intended to pay for the items, whether a court would believe you or not is another manner, if you have a pack of shaving blades stuffed up your jumper I think it's hard to suggest your intent wasn't to deprive and as the item is on your person you've already appropriated it? 
    In practical everyday terms let us just say it is very difficult to prove the necessary intent, beyond a reasonable doubt, until the thief (shoplifter) has left the building. So it would be very rare for such a case to come to court, let alone be convicted.

    Yes, I am sure in certain circumstances it has happened.
  • user1977
    user1977 Posts: 17,780 Forumite
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    edited 31 July 2024 at 11:16AM

    To draw an analogy, if I were purchasing alcohol, I’d fully understand being asked for ID. However, if I had to wait minutes because the staff wanted to call the DVLA to confirm my ID's validity and information, that would feel excessive and like an attempt to embarrass me.

    I think minimum wage retail staff have better things to do with their time than deliberately set out to embarrass random customers (and there's no such thing as a DVLA hotline for such checks!), but in any event you don't have a right to not face an attempt to embarrass you. If you don't like their procedures, you are free to go and shop elsewhere.
  • Undervalued
    Undervalued Posts: 9,553 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    user1977 said:
    Unless the "shoplifter" has eaten the food he hasn't actually stolen anything until he leaves the store!

    Shoplifting is just a term to describe theft and the offence of theft occurs when someone dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it, might be wrong of course but I'm not sure you can't be charged for committing the offence because you've yet to leave the store. 

    You could be charged with attempt. Doubt the police would be interested though.
    Exactly - so it would incredibly unusual.
  • HillStreetBlues
    HillStreetBlues Posts: 6,053 Forumite
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    edited 31 July 2024 at 12:24PM
    user1977 said:
    Unless the "shoplifter" has eaten the food he hasn't actually stolen anything until he leaves the store!

    Shoplifting is just a term to describe theft and the offence of theft occurs when someone dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it, might be wrong of course but I'm not sure you can't be charged for committing the offence because you've yet to leave the store. 

    You could be charged with attempt. Doubt the police would be interested though.
    Exactly - so it would incredibly unusual.
    There isn't a crime of attempt.
    Let's Be Careful Out There
  • Undervalued
    Undervalued Posts: 9,553 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    user1977 said:
    Unless the "shoplifter" has eaten the food he hasn't actually stolen anything until he leaves the store!

    Shoplifting is just a term to describe theft and the offence of theft occurs when someone dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it, might be wrong of course but I'm not sure you can't be charged for committing the offence because you've yet to leave the store. 

    You could be charged with attempt. Doubt the police would be interested though.
    Exactly - so it would incredibly unusual.
    There isn't a crime of attempt.
    Even more unusual then!


  • user1977
    user1977 Posts: 17,780 Forumite
    10,000 Posts Seventh Anniversary Photogenic Name Dropper
    user1977 said:
    Unless the "shoplifter" has eaten the food he hasn't actually stolen anything until he leaves the store!

    Shoplifting is just a term to describe theft and the offence of theft occurs when someone dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it, might be wrong of course but I'm not sure you can't be charged for committing the offence because you've yet to leave the store. 

    You could be charged with attempt. Doubt the police would be interested though.
    Exactly - so it would incredibly unusual.
    There isn't a crime of attempt.
    Yes there is: Anti-social Behaviour, Crime and Policing Act 2014 (legislation.gov.uk)
  • the_lunatic_is_in_my_head
    the_lunatic_is_in_my_head Posts: 9,268 Forumite
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    edited 31 July 2024 at 11:45AM
    Ergates said:
    Whilst you are free to comply with a random check you would also be free to walk away, there would be no powers to detain as picking people at random lacks either an offence being committed or reasonable grounds to suspect one :) 
    Bearing in mind that a shop is free to refuse entry to anyone who has refused to cooperate with a random check, if they so chose.
    Indeed they can but they have to counter that with losing loyal customers, I think it would be very petty and more so I don't think stores ban customers willy nilly as is often made out on here but rather do so if they steal stuff or are abusive to staff (and rightly so in such examples). 
    In the game of chess you can never let your adversary see your pieces
  • prowla
    prowla Posts: 13,984 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    A lot of stores these days don't give you a receipt unless you ask for it; I always do.
    I sometimes go to a store and put things in my bag and then make a thing of taking them out and turning the bag upside down at the checkouts.
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