B&Q Security dragged me out of ny van over bogus theft assumption

[littlefatbudha]

I will be following this ,to me it seems like you have not case to answer ,just goes to prove the old theory,whoever phones the police first, is the story they will side with !

[Guest Old_andrew2018]

Any news

[Annoying Twit]

The guard has no more powers than you or me. He can only make a citizens arrest if he has grounds to believe your committing an offense & he can't use undue force to detain you

 

I thought that you could only make a citizens arrest if the crime could result in a penalty of five years or more. Does this apply to shoplifting?

[eyeinthesky]

I thought that you could only make a citizens arrest if the crime could result in a penalty of five years or more. Does this apply to shoplifting?

 

There is no specific offence of shoplifting, it is simply theft, and this can carry a max penalty of 7 years in prison.

[funkyparott]

I thought that you could only make a citizens arrest if the crime could result in a penalty of five years or more. Does this apply to shoplifting?

 

The legislation has changed.

 

I think you are referring to the term 'arrestable offence'.

 

There was an old definition of what an arrestable offence was:-

 

1: Offence for which the sentance is fixed by law (eg murder)

2: Arrest for which a person over the age of 21 on first conviction *may* be commited to prison for five years or more.

3:...

 

(sorry, I can't remember the rest. Its been a while since I left the force!)

 

SOCPA is now the power that dermines whether an arrest is lawful. Under Socpa I believe the 'any person' power of arrest is only for indictable offences (for which Theft doe fall under)

[majik]

Plain clothes staff carrying out licensable activity do not have to openly display their licence on their person in many cases.

 

Hi shanty

 

i know you have been told to start your own thread but i would like to say you both right and wrong.

Plain clothed staff do not have to have their license on show but they do have to have it on them at all times whilst working and to be able to show it to people/police as proof, No security other than in hiouse can be conducted without a license and a license must be on the staff at all times whilst working.

 

On a side note if the CCTV didnt work in the security office how can they prove theft ? they would be no proof of you taking an item and no proof of them removing it from your person so no offense has been commited by yourself ?

[majik]

The legislation has changed.

 

I think you are referring to the term 'arrestable offence'.

 

There was an old definition of what an arrestable offence was:-

 

1: Offence for which the sentance is fixed by law (eg murder)

2: Arrest for which a person over the age of 21 on first conviction *may* be commited to prison for five years or more.

3:...

 

(sorry, I can't remember the rest. Its been a while since I left the force!)

 

SOCPA is now the power that dermines whether an arrest is lawful. Under Socpa I believe the 'any person' power of arrest is only for indictable offences (for which Theft doe fall under)

 

Yes i can confirm the above a Citizens arrest can be carried out for an indictable offense, however if the person arrested is not handed over to Police then the arrest is unlawful and can be considered as assult/unlawful restraint as a Police officer is the only person who can release a arrested person etc.

 

e.g. if i arrest someone in relation to my job i cannot unarrest them only the police can which is why security dont like arresting people.

[shanty]

Hi shanty

 

i know you have been told to start your own thread but i would like to say you both right and wrong.

Plain clothed staff do not have to have their license on show but they do have to have it on them at all times whilst working and to be able to show it to people/police as proof, No security other than in hiouse can be conducted without a license and a license must be on the staff at all times whilst working.

 

On a side note if the CCTV didnt work in the security office how can they prove theft ? they would be no proof of you taking an item and no proof of them removing it from your person so no offense has been commited by yourself ?

 

Reliable eyewitness evidence is adequate, ( not in this case no doubt)you don't have to have CCTV to prove theft.

As for the above,I don't see where I am wrong as I didn't contradict what you said..?? I WAS talking about in-house staff there where you quoted me.

Edited September 7, 2009 by shanty

[Nitrode]

Any news tiler1?

[Marky2211]

Any updates on this story. I have been reading through the topic for the last hour and would like to know what the final outcome was/is.

 

I hope it ended in your favour Tiler1

[JonCris]

I understand that for the moment this matter is sub judicia

[Likeable]

Just subscribing to this thread as I'd like to know how it all pans out in the end.

 

Cheers

 

Likeable

[mr2mr2]

whatever happended in the end with all this?