Can i legally be stopped and accused of shoplifting outside the store

Tumtitums

On Sunday i was in a shop in a shopping centre. I bought nothing in the shop and left. I began walking down the corridor of the shopping centre to the exit of the shopping centre and a member of staff stopped me  in the corridor of the shopping centre and asked to search me as he said i had stolen something.

I am now being told that this isnt legal as they should have stopped me either in the store or at the exit of the store but not in the shopping centre corridors  when i was about 75-100m away from the store entrance. Is this correct ?

DullGreyGuy

Until you have left the shop there is no evidence of a crime, even if you've stuffed into your pants you could successfully argue your intent was to pay for it before you left.

Dont listen to whoever you've been talking to. 

Aylesbury_Duck

Yes, it's lawful.

RefluentBeans

Legally they can’t detain you. They have no powers of arrest. But, also, legally they (and indeed the shopping centre) can refuse you entry to you (as this is also private property and as long as they’re not discriminating on protected characteristics). 

It generally depends on what was said; and how you respond. Asking to search your bag isn’t illegal, neither is refusing to let them search your bag. What is illegal is them grabbing you by the arm and dragging you back to the security office of the store. I assume it’s more likely to be the first situation as opposed to the second. 

MattMattMattUK

RefluentBeans said:

Legally they can’t detain you. They have no powers of arrest. But, also, legally they (and indeed the shopping centre) can refuse you entry to you (as this is also private property and as long as they’re not discriminating on protected characteristics). 

It generally depends on what was said; and how you respond. Asking to search your bag isn’t illegal, neither is refusing to let them search your bag. What is illegal is them grabbing you by the arm and dragging you back to the security office of the store. I assume it’s more likely to be the first situation as opposed to the second. 

That is incorrect, they have the same powers as any private citizen. That allows them to detain the suspect until the police arrive, using reasonable force if necessary. 

Undervalued

RefluentBeans said:

Legally they can’t detain you. They have no powers of arrest. But, also, legally they (and indeed the shopping centre) can refuse you entry to you (as this is also private property and as long as they’re not discriminating on protected characteristics). 

It generally depends on what was said; and how you respond. Asking to search your bag isn’t illegal, neither is refusing to let them search your bag. What is illegal is them grabbing you by the arm and dragging you back to the security office of the store. I assume it’s more likely to be the first situation as opposed to the second. 

Yes they do! Everybody can make an arrest (a so called citizen's arrest) if they have a reasonable suspicion that the person has committed an arrestable  offence. They can use the minimum necessary force to detain the person until a constable can take charge of them.

However, in doing so they leave themselves wide open counter claims if their suspicion wasn't reasonable (not the same thing as wrong) or any force was excessive.

the_lunatic_is_in_my_head

Hello OP

As above there is what is usually referred to as "citizens arrest" 

https://www.legislation.gov.uk/ukpga/1984/60/section/24A

The important parts to note are reasonable grounds and indictable offence.

With a side note that shoplifting to the value of £200 or less is* a summary offence. *The government have said this is to be changed, I'm not sure if that has already occurred. 

With regards to search, shop staff and security do not have the power of search. Obviously anyone can ask anything, you are free to decline.

If actions were taken which were not in line with the above a claim for damages may arise. 

GingerTim

Undervalued said:

RefluentBeans said:

Legally they can’t detain you. They have no powers of arrest. But, also, legally they (and indeed the shopping centre) can refuse you entry to you (as this is also private property and as long as they’re not discriminating on protected characteristics). 

It generally depends on what was said; and how you respond. Asking to search your bag isn’t illegal, neither is refusing to let them search your bag. What is illegal is them grabbing you by the arm and dragging you back to the security office of the store. I assume it’s more likely to be the first situation as opposed to the second. 

Yes they do! Everybody can make an arrest (a so called citizen's arrest) if they have a reasonable suspicion that the person has committed an arrestable  offence. They can use the minimum necessary force to detain the person until a constable can take charge of them.

However, in doing so they leave themselves wide open counter claims if their suspicion wasn't reasonable (not the same thing as wrong) or any force was excessive.

Indeed - back in the day I used to help the security team in the retailer where I worked apprehend shoplifters, inside and outside the store.

user1977

Tumtitums said:

I am now being told that this isnt legal as they should have stopped me either in the store or at the exit of the store but not in the shopping centre corridors  when i was about 75-100m away from the store entrance. Is this correct ?

Depends what you mean by "isn't legal"? Are you asking if you can retrospectively complain about it in some way? If you voluntarily stopped and let them search you then it's a bit late to do anything about it.

A_Geordie

the_lunatic_is_in_my_head said:

Hello OP

As above there is what is usually referred to as "citizens arrest" 

https://www.legislation.gov.uk/ukpga/1984/60/section/24A

The important parts to note are reasonable grounds and indictable offence.

With a side note that shoplifting to the value of £200 or less is* a summary offence. *The government have said this is to be changed, I'm not sure if that has already occurred. 

Section 176 of the Anti-Social Behaviour, Crime and Policing Act amends the Magistrates' Court Act 1980 and inserts a new section 22A, discussing low-value shoplifting. The powers of a citizen's arrest still remains available since it is still considered an indictable offence as per below: 

22A (6)

Any reference in the Police and Criminal Evidence Act 1984 to an “indictable offence” has effect as if it included a reference to low-value shoplifting (as defined in section 22A(3) of the Magistrates' Courts Act 1980).

Probably should be mindful that the phrase 'detain' has a specific legal meaning and is not the same as arrest. If memory serves me right, you can only be detained under very limited circumstances such as stop and search. So if the security guard detained someone without actually arresting them, then that is likely to be unlawful.  

Next time (if it ever happens) ask the person what they think you might have stolen, half the time they have no idea and are just fishing maybe because you look suspicious. If they don't know what you've stolen, there can't be a reasonable suspicion.

Okell

@A_Geordie -  many store security staff have bodycams these days.  Might it be worth the OP's while to ask for footage of the incident?  (Even if just to confirm the OP's version of what they think happened?)