Daughter shoplifted, what can I do?

[easilyconfused]

first of all hi, (cant find a waving smiley)

 

Ok, the story.

 

My 16 yr old daughter was alleged to be shoplifting with friends, the person dealing with her at the store called me and told me to come collect her.

Now while i was on my way to collect my daughter, The store person who had called me had gone onto calling the police stating that my daughter had been uncooperative.

It didnt occur to me at the time as i was more pre-occupied with my daughter and how i was going to punish her, that how could me daughter be uncooperative when he had my mobile number and had already called me to collect her.

 

I asked my daughter this when we got home and she told me that the store staff had taken her phone from her and looked through its directory.

 

My daughter now has a CRO (community resolution order) and no doubt i'll have a civil recovery order slapped on me in due course.

 

 

My question is this, Can store staff (wasnt security) take a mobile phone and look through its contents BEFORE the police was informed??

 

any advice welcomed.

 

 

 

P.S. this was her first offense, shes never done anything like this before

Edited July 6, 2010 by easilyconfused

[rebel11]

Hi easilyconfused

 

Welcome to CAG

 

I don't think they can, there's personal data on the phone like Telephone numbers, etc I'm fairly sure that would be against the Data Protection Act. I'm sure someone will be along to correct me. The phone is personal property.

Edited July 5, 2010 by rebel11

[SharpmanTF1]

Couldn't that be construed as theft - taking without consent.

[easilyconfused]

I am unsure to the ins and outs as theres very little on the net about the shops rights of detaining juvenile shoplifters.

 

I have already contacted the shop in question and will be returning tommorrow to clarify several other points. (i.e. signing paperwork which he stated "would be completed later")

 

I have already accepted that my daughter did wrong and she will pay for it, but it does annoy me if i think that she was brought to this conclusion in a way that isnt lawful/fair

[rebel11]

http://www.consumeractiongroup.co.uk/forum/retail-loss-prevention-other/266333-guidance-those-accused-shoplifting.html

[easilyconfused]

Thanks for the link,

 

Now when i go to the store tomorrow, am i entitled to get a copy of the paperwork which pertains to my daughter?

 

e2a : spelling errors

[maroondevo52]

Hi, easilyconfused.

 

I'll move this thread to the appropriate Forum.

 

Regards.

 

Scott.

[rebel11]

I can't see any reasons why they would refuse, especially if your signing

paperwork, you want a copy, so they don't add bits later.

 

Thanks for the link,

 

Now when i go to the store tomorrow, am i entitled to get a copy of the paperwork which pertains to my daughter?

 

e2a : spelling errors

[easilyconfused]

Hi, easilyconfused.

 

I'll move this thread to the appropriate Forum.

 

Regards.

 

Scott.

 

thanks

[easilyconfused]

I can't see any reasons why they would refuse, especially if your signing

paperwork, you want a copy, so they don't add bits later.

 

i should of made myself more understandable.

 

would they refuse me copies of the paperwork they did today?

[JonCris]

Thanks for the link,

 

Now when i go to the store tomorrow, am i entitled to get a copy of the paperwork which pertains to my daughter?

 

e2a : spelling errors[/quotE

 

Please DO NOT visit the store until you have sought advice;)

[easilyconfused]

CAB first then?

[JonCris]

CAB first then?

 

Check your PM box

[Hammy1962]

Couldn't that be construed as theft - taking without consent.

 

Would that be the store looking at the phone or the alleged theft of goods from the store?

 

Hammy

[easilyconfused]

Update:

 

I have decided to take this on myself.

 

A: Im going to make a complaint to the police and have the assistant charged with something,

 

B: Also going to write a scathing letter to management reminding them of their duty to ensure their employees are trained correctly for the job they're doing.

 

I'l update as soon as i get a reply.

[Huff&Puff]

Not quite the same circumstances, but you may find this of interest:

 

BBC News - Five-year-old boy wins defamation case against Lidl

[Zamzara]

Couldn't that be construed as theft - taking without consent.

 

It's not theft as there is no intention to permenantly deprive, and TWOC only applies to vehicles.

[googol]

Could it not fall under the Computer Misuse Act - gaining unauthorised access to a computer system?

It could be argued with most modern phones that they are computer systems, and having taken the phone from the person against their wishes it's clear that they are not authorising the staff member to access the data on it.

[AnonymousFighter]

With myself currently studying Law at college, somehow, that seems to me, an unlawful action that the security guard has committed. Police Powers under PACE 1984 seems to not even enable a police officer to do that (unless it's evidence).

 

Personally, I think that the security guard seems to have just took the phone and looked at SENSITIVE and PERSONAL DATA?!

 

Put it one way like this. The security guard has the opportunity to look at all the names and phone numbers s/he likes. If s/he was to copy any of the details without the owner's consent/knowledge and misuse it in any way, how would you react? Another way to think of it is to imagine that a stranger just took your handbag and rummaged through it without asking or you knowing. Imagine your credit cards were the names and numbers on the phone, stolen from you! What would you be thinking when you found out? I'd report to the police in these two circumstances.

 

Just helping out.

[easilyconfused]

Quick update:

 

Have received 2nd letter from RLP which got filed under: "ignore"

Have contacted store's head office and made official complaint, have also informed one of the police that dealt with my daughter on the scene in case charges have to be brought, so now all parties are fully aware of situation.

[easilyconfused]

mini-update

Stores head office contacted me just before the weekend, apologising for the length of time its taking for their "security and legal teams to complete their investigation."

 

How long should be reasonable for a company to investigate a complaint do you reckon??

[papasmurf1cx]

Hi easilyconfused........... A couple of points here. First when a person is detained by store detectives they are detaining after an arrestable offence has been committed. I am assuming that as a parent they were being diligent in contacting you because your daughter was a juvenile. In my experience when juvenile girls get arrested at a store (normally make up or other cosmetics or cheap jewellry correct???) they are more concerned with Mum and dad finding out. Now what would have been more concerning, getting the phone call from the store detective because they have used their brain to circumvent the necessity for your daughter being taken to the police station and placed in a cell or the police phoning you hours later when she has been searched head to toe and placed in the cell had her fingerprints, photo and DNA taken and lodged in a data base for the rest of her life?

 

The second point is that parents rarely see how their beloved offspring act when out of sight and control of the parent. I have lost count of the times when parents on seeing video evidence have been shocked at the behaviour which they swear could never have happened.

 

The fact that you accept her guilt but are aggrieved that some minor civil liberty has apparently been breached (and I am not sure that is the case here) seems to me to be way off the mark. You seem to be putting a lot of energy into subsequent complaint when perhaps you should be looking as to the reason why your daughter found it necessary and acceptable to steal property belonging to someone else.

 

Sorry to be negative just thought you should take a step back and try and be objective and proportionate.

[easilyconfused]

I am being objective and proportionate.

 

Regardless of the circumstances involved, a criminal act was committed, and should be looked into.

 

Now, instead of going straight to the police like some people would,(which i admit, i may still do) I went to the company because if nothing else, They can change their training practises to ensure their staff get the appropriate level of knowledge for the job in which they are asked to do.

[papasmurf1cx]

Not sure what the criminal act is that you are objecting to?

[JonCris]

Hi easilyconfused........... A couple of points here. First when a person is detained by store detectives they are detaining after an arrestable offence has been committed. I am assuming that as a parent they were being diligent in contacting you because your daughter was a juvenile. In my experience when juvenile girls get arrested at a store (normally make up or other cosmetics or cheap jewellry correct???) they are more concerned with Mum and dad finding out. Now what would have been more concerning, getting the phone call from the store detective because they have used their brain to circumvent the necessity for your daughter being taken to the police station and placed in a cell or the police phoning you hours later when she has been searched head to toe and placed in the cell had her fingerprints, photo and DNA taken and lodged in a data base for the rest of her life?

 

The second point is that parents rarely see how their beloved offspring act when out of sight and control of the parent. I have lost count of the times when parents on seeing video evidence have been shocked at the behaviour which they swear could never have happened.

 

The fact that you accept her guilt but are aggrieved that some minor civil liberty has apparently been breached (and I am not sure that is the case here) seems to me to be way off the mark. You seem to be putting a lot of energy into subsequent complaint when perhaps you should be looking as to the reason why your daughter found it necessary and acceptable to steal property belonging to someone else.

 

Sorry to be negative just thought you should take a step back and try and be objective and proportionate.

 

"some minor civil liberty" says it all does that...................... NO civil liberty is minor. As for the rest of the above post I have no intention of arguing with an 'expert' its pointless