Caught shoplifting and treated badly

[streetsahead]

I was wondering if anyone could give me some advice

A family member was caught shoplifting the other day and was not treated well at all.

She took with her a top that she had brought previously and also a pair of trousers and a top to return or exchange at the refunds desk. She swapped the top in the changing rooms for another top that was more expensive. This is the first time she has done anything like this and she knows she was wrong to do it. On leaving the changing room she was challenged by a staff member who had noticed that she had come out of the changing room with a different top to what she went in with.

Security were called and she was told that she had to go with them upstairs. (she wasn't asked). When she got upstairs she admitted what she did and they demanded to search her bags (again they didn't ask permission) They even searched her purse and smelled her clothes in her overnight bag that she had worn the previous day. This was humiliating as her underwear was in there.

They confiscated the pair of trousers and top that she had came into the store with and accused her of stealing that too. They said that it was their right to remove them. She hadn't stolen those items and if they checked the CCTV they would see that she came in with that bag and also that she didn't go to the area in store where those items are kept. They said she will not be getting these items back. They were very nasty to her and told her that she would receive a trespass notice and that she was lucky they were not calling the police.

They told her she had to buy the top that she had stolen and demanded that she do this. They would not allow her to pay buy credit/debit card and demanded that she goes to withdraw the money out. They literally frog marched her through the store to get this money. She felt very intimidated and forced to buy the item. They then proceeded to cut out all of the sewn in labels so that it could never be returned and they refused to give her a receipt or any proof of purchase. She was given the trespass notice and banned from all of the stores nationwide. They took her photo also without permission.

 

I have done a little research and think that:

1. The search performed was illegal

2. As she had not left or attempted to leave the store, no crime had actually been committed

3. They used aggressive tactics to obtain a sale which was illegal, she had given the items back so they didn't need the sale.

 

I was wondering if anyone knew if they had a right to confiscate her items that she was returning. The owness is on them to prove her guilty, not the other way around surely?

Is she entitled to a refund on the top as she was forced into the sale?

Do they have the right to not give her proof of purchase and deface the goods by removing the tags. I thought this was in breach of their own return policy.

If they had called the police then they wouldn't have taken it further as she hadn't left the store or passed a till point without paying. She didn't know her rights and they have broken so many rules here especially with the illegal search. She would rather they called the police as she would not have felt so intimidated or threatened. How does the trespass notice work as she never signed anything but they have her picture where does she go from here? Any advice would be very much appreciated.

Thank you.

[postggj]

This Is Bad

 

To Be Acused Of Theft She Would Have Had To Leave The Store With No Intention Of Paying

 

May I Ask What Store Is Involved

Not Tk Max I Hope

 

Wait For More Comments But A Civil Claim Is In Order Me Thinks

[streetsahead]

Thanks for replying. It was in [EDIT]. She isnt looking for compensation but she does want someone to be accountable for the way she was treated. They wouldnt let her call me when this was happening. I think they knew she didnt know her rights and knew they were in the wrong.

 

 

 

Moderator's note.... No it wasn't TK Max.

Edited June 4, 2009 by Rooster-UK

[raydetinu]

Way over the top, but prooving what happened will be difficult now and will cause a lot of stress; however a letter to [EDIT] may be in order but they would probably say that as she admitted the fraud/attempted theft you got what you deserved.

Edited June 4, 2009 by Rooster-UK

[funkyparott]

This Is Bad

 

To Be Acused Of Theft She Would Have Had To Leave The Store With No Intention Of Paying

 

In criminal law, that is techincally incorrect.

 

Appropriation can be as soon as you pick an item up. If you have the intention in your mind at the time that you are going to permantly deprive the store of said item the offence is complete. No need to leave the store for the offence to be complete.

 

Of course, it is a lot easier to prove the complete offence once someone has left the store without paying.

 

For example, if I walk into my local supermarket and head to the alcohol isle. If I pick up a bottle of brandy with the intention of not paying for it and never giving it back, I have commited theft at that point precisely.

 

However, how do you prove the mens rea? You need to know what I was thinking. I'd be pretty stupid to admit that in interview if I was arrested at this point.

 

Well, if we take the scenario one step further and I conceal the bottle of brandy in my coat. I would have a pretty hard job of explaining why I had just done that. I don't need to leave the store or pass the last till before I can be arrested.

 

Back to the original post. The poster should not have been treated as they were. No-one but the Police have a right to conduct a PACE search on you. I'd argue that the search they conducted was assault.

 

Is it worth taking further action on this. I don't know. You may end up getting arrested in respect of the original alleged theft.

Edited June 4, 2009 by funkyparott

[streetsahead]

Thankyou for your replies everyone you have all been very helpfull