Your rights in the UK if accused of shoplifting?

[katie85]

I was in a shop today and when I walked through the security gate the alarm went off. Having nothing to hide, I went back to the counter and they searched my bag. Inside my handbag I had several garments that had been purchased that day. They asked me for 'security reasons' (as this was in a shopping centre) if I had the receipts for these garments, and I explained that my boyfriend had purchased them and therefore I did not have them on me, and he had already left for home.

I was then asked by a store detective to come into the back room,where I was told to empty my bag. He and a female colleague searched through my things and confiscated everything that I did not have receipts for. Was this legal? was I within my rights to just leave the shop, as they had no evidence and also they did not find anything on me that had been stolen, especially from their store?

The shop that detained me knew that I hadn't taken anything from their store, as they searched me and found nothing. Did they still have the right to keep me there, when the suspicion was regarding goods from another shop?

I'm in the UK, and have not been able to find anything solid regarding the law on this, any help would be greatly appreciated, thanks.

[andydd]

I was in a shop today and when I walked through the security gate the alarm went off. Having nothing to hide, I went back to the counter and they searched my bag. Inside my handbag I had several garments that had been purchased that day. They asked me for 'security reasons' (as this was in a shopping centre) if I had the receipts for these garments, and I explained that my boyfriend had purchased them and therefore I did not have them on me, and he had already left for home.

I was then asked by a store detective to come into the back room,where I was told to empty my bag. He and a female colleague searched through my things and confiscated everything that I did not have receipts for. Was this legal? was I within my rights to just leave the shop, as they had no evidence and also they did not find anything on me that had been stolen, especially from their store?

The shop that detained me knew that I hadn't taken anything from their store, as they searched me and found nothing. Did they still have the right to keep me there, when the suspicion was regarding goods from another shop?

I'm in the UK, and have not been able to find anything solid regarding the law on this, any help would be greatly appreciated, thanks.

 

So the outcome is that youve lost all your shopping from previous stores ? I'm sure most people would protest at this, were the police involved ?. Something here sounds rather odd.

 

Andy

[katie85]

To be honest, I was pretty shaken up at the whole thing, I was in a different city to where I live and it all seemed rather daunting to me.

The security for the whole building were called but they took their time turning up and instead the store detective decided to let me go, however he would ot allow me to take my merchandise and by that point I was so tired and shaken up I was just glad to get out of there with what little dignity I had left.

I can see how this looked suspicious though, but I was just wondering if the shop had any legal right to detain me when I was searched and they found none of their merchandise on me.

Thanks for the reply.

[Guest Old_andrew2018]

If you have not done so already you must make a complaint to the police about the theft of your property, and the fact that you were detained illegally.

 

Andy

[pedross]

It must have been distressing but if you had thought to phone your boyfriend he could have described the items and agreed to return with the receipts.

 

As Andy says you need to complain to the police and show them the receipts to prove the facts.

[sorrylittlelot]

agreed

[funkyparott]

Easy for me to say this as I wasn't there:-

 

If the alarm went off and I was stopped I would ask them, "Are you arresting me"?

 

If they asked for a search I would advise them they were not Police and not empowered under PACE section 1 to conduct a search.

 

I would carry on unless they arrested me. If they arrested me I would remind them of their duty under SOCPA so far as alerting a Constable. Its very simple. I would not offer any violence if arrested (there are stated cases where the law suggests one should comply with the arrest)

 

Most store security staff in my personal opinion are not very clever.

[BillyS]

Horrendous experience,

You do not have to submit to a search

You do not have to give any details (not even a legal duty to supply these to a police officer, maybe a moral one though)

You do not have to go with them anywhere

 

With hindsight you should have insisted that the police were called immediately and if not then just left. As for your merchandise you should ensure these are returned to you at their expense and ask that you are compensated for the wrongful arrest.