Falsely accused of shoplifting and banned from store

[Last Of The Time Lords]

I have read on here many times about people having been banned from a store and as has been advised before, a store can ban who they wish. If I went up the road to my local store and the manager said I had been selected at random to be the person banned that day, they can do so and not give reasons if they don't want to.

 

The information you give is a little vague. What made them approach you? They will perhaps approach and make accusations if they see something suspicious or perhaps you matched a description of an offender and they were acting with honest intentions but it was in fact mistaken identity.

 

I can say for example that if a person was arrested for shoplifting and the store boasted CCTV footage, the onus is on the prosecution to prove the case beyond all reasonable doubt and they must therefore exhibit the footage. The crown cannot state there is good CCTV footage of the event without presenting such footage to a court.

[von63]

I had bought a bottle of aftershave whilst with my partner.We left the store and strolled round a while then went in to whsmith.My partner wandered off looking for a gift and I stared at the best sellers list lookng for a book I've been waiting to come out in paperback.I got a phone call from my partner to say we were wanted outside the store to which we happily complied.The security guard asked us to leave the mall as "they didn't like the way we were shopping."Admittedly I laughed at this because I thought I'm 50 yrs old and fancy not knowing how to shop properly at my age.Then he said he was sorry it hadn't come from him but from "upstairs."I said "well I'm sorry too because I'm not leaving here until I find out what we have supposed to have done wrong."He led us to a public area by some lifts and a customer service stall and after a few minutes a policeman appeared and said I'd been seen putting a large bottle of aftershave in to my handbag realised I'd been "spotted" and removed it then gone and paid for it.I calmly (though i was seething inside) explained to the policeman at NO TIME WHATSOEVER did the aftershave go near my handbag and that I wanted to see the cctv footage of this imaginary incident and also the person who had accused me.We then along with another security guard walked back to Debenhams and a man approached the policeman and gave his version of events.I asked for the person who supposingly saw me to be brought out I was denied I asked for the salesgirl to be brought out who I told at the time just give me a minute to talk to my partner while we discuss whether to buy as she said there were only 2 bottles left and to hurry (which is why I picked the bottle up in the first place) I was denied.I was told I wasn't seen on cctv putting the aftershave in my bag an taking it out again but was seen going three steps back to the salesgirl handing her the bottle to say yes we'd like to purchase this please.We were stood in the middle of an aisle with two salesgirls to my left and two to my right and I was sideways on to them so I would have had to have been nuts to have even thought about stealing anything.I offered to provide receipts and for them to check all my bags and handbag and they all refused.After all this humiliation the mall security guard said he was happy for me to carry on shopping.I'm pretty sure the store guard was just pure and simple racist because we are a mixed race couple and I would lose my job as well if I had any marks against my name.All this was played out in public.It seems the stores have all these rights but the innocent have none.

[renegadeimp]

I'm pretty sure the store guard was just pure and simple racist because we are a mixed race couple

 

Lets not go there mmkay.

[von63]

Fair enough lets leave that bit out but I know that I did not at any time try to conceal the aftershave.There was no cctv footage of the incident but there was of me handing it back to the salesgirl to pay.I asked right at the beginning were they sure they had the right people because I knew neither of us had done anything wrong and why after initially being asked to leave the mall did the head of security then say he was happy for us to continue shopping.I just want to know why there are no laws in place to protect people who have genuinely done nothing wrong except try to have a nice day out

[Last Of The Time Lords]

I'm afraid you cannot legislate against people making accusations. The tort of defamation is there for people to pursue civil claims but in situations like this, the defence of honest comment comes in - notwithstanding the fact that it would be a stretch to consider this situation as defamatory in accordance with the accepted definition.

 

The law protects people who have done nothing wrong in the circumstances of arrest and charge for example. This is because the onus is on the crown to prove guilt beyond all reasonable doubt, not for the defendant to prove his or her innocence. Of course, if the defendant sought to rely on an alibi or excuse when faced with such accusations, then it will be for him or her to prove that excuse or alibi is true/correct/accurate.

Edited October 26, 2013 by Last Of The Time Lords