Shop Lifting - what reason does a retailer need to make an accusation?

[peterhw]

I was looking through some previous posts and saw this one about shop lifting (about 5 years old) (system won't let me post the link so its something like - thread 31398 shoplifting laws )

 

I had an incident some time ago when I was 'apprehended' at a Sainbury's store.

 

In a nutshell - I purchased some goods (only 3 items I think), headed to the car park and was stopped.

 

I can't find anything about my rights in the UK (in the USA retailers appear to have to have reasonable grounds for suspicion - i.e. witnessed you putting something in your pocket, not paying, etc).

 

I complained to Sainsbury's (received an apology and £25 voucher) but the only explanation I received was that it 'must have been a faulty security tag' - causing the alarm to sound.

 

Does an alarm going off constitute a valid reason for stopping me?

I heard an alarm - but no reason to think it had anything to do with me - I carried on.

It appeared to me almost a 'random stop'.

If challenged - what can I do?

If I refuse what can the retailer do? (in this case I wanted to get away - I was in a hurry to meet my wife from work)

Am I obliged to keep a receipt? (Sainbury's printers aren't too quick! If I had 2 or 3 items I wouldn't normally wait for a receipt - unless it was item I may wish to return). I nearly always use a debit card (for the points etc)

 

As I state above the matter is over with now, but in the event I ever get stopped again in similar circumstances I would like to understand exactly where I stand.

[theghost]

They cannot force you to do anything - however if they suspect you have commited a crime then they may detain you by way of a citizens arrest - from I understand security guards rarely do this.

 

When I worked at a supermarket quite often the person would kick off and the security guards just held them down on the basis of self defence/protection until the Police came.

 

What is a valid reason is subjective and depends on the situation.

 

see here for mroe info http://www.inbrief.co.uk/offences/secuirty-guards-shoplifting.htm

 

from what I have seen much of it works on consent from the suspected shoplifter - i.e searching of bags.

[peterhw]

Thanks for the reply - I have looked at a couple of topics on the link you provided.

 

Seems like this is more about the security guard.

 

Non the less the implication is that a security guard should have reasonable belief that you have been 'shop lifting'. It appears to revolve around whether it is reasonable to stop someone on the basis of an alarm going off. In my case - either not me setting off the alarm (mistaken identity) or, as suggested by Sainsbury's a faulty security sticker (these should be neutralised by the scanner).

 

"Several security guards are permitted to forcefully detain someone as long as the belief that this person has committed an indictable offence is “reasonable”. They can detain you inside a store as long as they have reasonable belief that you have committed an offence.

Reasonable belief means that a security guard cannot forcefully detain you unless their reasons for doing so are fair for example if you were seen taking something and hiding

it somewhere on your person. To simply look suspicious would not be a reasonable belief."

[stevetheboy]

My understanding is that a Police Officer can detain on suspicion but a member of the public (and that includes Security Staff) can only detain you in the knowledge that actually have commited an offence.

Setting of the alarms in a shop, etc, etc, does not constitute absolute knowlege of an offense therefore they cannot detain you.