shoplifting

[paula 19664]

Please can someone give advice on a 14 yr old shopping in big department store - 2 items of clothing over her arm, mob rings puts stuff down to go in bag and the store detective grabs her tells her she is about to steal and takes her into a holding room till parents come down, she was left alone in this room for 1 hour distraught. Can this happen ?

[rojash]

No. She is not guilty of any crime unless and until she leaves the premises with goods she hasn't paid for. You could probably sue for unlawful imprisonment.

[Whickerman]

I smell a lawsuit... Nice one!

She's commited no offence, and would have to leave the premises/pass the payment point to be stopped in this way. Get thee to a lawyer!

[paula 19664]

They also took a photo and told her if she entered the premises again this would be classed as burglary

[paula 19664]

They also took a photo and told her if she entered the shop again she would be done for burglary this was also told to me on the phone

[jake-the-peg]

Theft requires the "intention to permanently deprive".

That's pretty hard to infer from your description. I'd agree about legal advice

[johnny37]

These answers are all about whether the shop can legally hold the child. Of course they cant but dont you think that it was better to call the parents than let the child leave the shop then call the police with all that involves, criminal record etc? My 12 year old son was stopped once by our local shopkeeper for taking a packet of fags. I'm glad I was called and not the police (hes now 30 and in the police force!)

[paula 19664]

Of course im glad that i the parent was called, no criminal record logged as they said no charges were being pursued, but to keep a child and have them accuse her of something she hadnt done.they did call the police, who spoke to her still no parents present.

[Mrs_Pegasus]

I may well be wrong here, but I didnt think someone could take a picture of your child in this way without your permission. I would put a complaint in to the store, go as high as you can. There will be a responsible person at school who will be the child protection officer, they may be able to advise you on whether the shop has acted responsibly.

[Whickerman]

With all respect to Mrs Pegasus, the store management might deal with this, but would most likely go into damage limitation mode. Seek professional help - go to a solicitor, and then possibly the police to make a complaint. It's only by taking this to the next level that some other kid will be spared the ordeal.

[Keeprockin]

I have no reson to doubt the explanation,but are you sure it's the whole truth,if pushed too far,the store may have cctv evidence to the contrary. Nothing lost with a trip to CAB though

[Pippa68]

This sounds so very wrong.

There was no theft!

[Sasha13]

As an ex retail manager I can tell you that your daughter has done nothing wrong as in order to be held for shoplifting she would have had to leave the premises with the goods. However, and here's the thing, ALL security guards know this - it's one of the most basic rules. Are you sure she's telling you the truth about what happened? Was she with some friends who have previously been caught shoplifting? I'm not saying I don't believe your daughter's version of events, but it would ring alarm bells with me as any security guard in their right mind would know you had a case for wrongful arrest in these circumstances.

[paula 19664]

Ive questioned this over and over again - the sec guard said you were going to put them in your bag, he the took her straght to the holding room where a policeman was present no charges were made no attempt to leave the premises as she was on the first floor, he did ring and tell me there were not going to prosecute he didnt tell me she had been photographed and that she was alone in the room. He did question her about the product she had bought in a previous shop where a receipt was in the plastic bag as proof.

[Sasha13]

You definitely have a case for wrongful arrest then. Pursue it in the first instance with the company that the security guard belongs to as they are likely to have something in place called a security indemnity which means they are at fault not the retailer.

[Gmcd01]

a) There was no theft, as correctly elucidated previously, there was no deprivation, and arguably there was no dishonesty, the mental requirement of theft (s1 Theft Act 1968)
b) There is no chance of a burglary charge..as a CPS lawyer, the very suggestion made me laugh...it would be impossible. No mens rea, no theft, and theft is required with intention s91a or 91b) either before or after an entry(3a). It CANNOT be committed by a 'theft' one week and an innocent entry the next.
c) You do not have a cause for wrongful arrest. There was no arrest.
d) Thus, you Do have an arguable false imprisonment case. This is civil and not my speciality...see a local solicitor, it is advisable!

[Sasha13]

OK, sorry I'll re-phrase - wrongful detention or whatever it is. Put it this way - if this had happened when I was working in stores we'd have expected a very big slap on the wrist at least.

[Pippa68]

When I was a retail manager I wasn't allowed to do anything unless they were walking out of the shop with unpaid for goods...even then I had to call the security guard from the store next door!

[tamiya]

it could be construed as assuming ownership but the guard should have left the 14 yr old to leave the store to see if they brought the goods back in or then placed the goods into the bag. the guy needs a good talking to .most gards work on the acronym s.c.o.n.e
Selection
Concealment
Observation
Non payment
Ext from the store.