Been stopped for shoplifting? Read here.

[Yukiko]

Firstly, this post is NOT intended to condone shoplifting. It's to protect people from somewhat rogue security officers/retail profit protection colleagues from abusing their positions. Theft is theft and if you comply peacefully, you'll most than likely end up in a better position than running.

 

People steal for all sorts of reasons, sometimes it's an accident (You forget you have an item in your hand), compulsion, to make ends meet etc. The fact is, if you remove an item with the intention of permanantly depriving the rightful owner of it - It's theft. If you forget to pay, use self scan and make an effort to scan it but it doesn't register or a cashier doesn't scan an item, it is not theft.

 

If you find yourself stopped for shop lifting, there are various rules that the civilian making the stop has to follow. This does not count if you've been stopped by police.

Remember, a Profit Protection Colleague, Security Officer or any body else other than the police have only the same rights as you or me. They have to see a certain set of instances known as "SCONE".

 

S - Selection of the item. (i.e, approaching a shelf empty handed, picking the item up).

C - Concealment (Putting the item in a bag, coat, whatever)

O - Observation (They have to watch you consistantly. If their vision is broken at any time, they shouldn't make a stop)

N - Non payment (Going beyond the last point of payment in store - This is your last chance to make your name clean by paying or making an excuse at the checkout)

E - Exit (Leaving the store completely past all points of payment with no intention of returning immediately)

 

If YOU believe that any of the above have not been followed, seen and recorded mentally by the officer who is observing you, YOU have every right to put the item down and leave the store.

If the company in question offers you a banning notice, you can do as you please with your excuse. More than likely, if you've made it to the last point and bailed, it's more than likely that you were going to remove the item from them.

 

If you've left the store without the item and the security officer stops you, politely tell the officer that you simply did not want the item and have put it down. You do not wish to discuss it further.

At this point, you are free to go, whatever he says as without SCONE, the officer hasn't seen an indictable offence take place.

 

If you've left the store without paying for an item, security/colleagues should be polite and courteous. In the case of contract officers, this is worth their license to them. Once they've politely reqeusted you return to the store, they SHOULD inform you;

 

"I am employed by XXX to protect profits. I have seen you remove an item from this premises without permission and therefore I am detaining you under Section One of the Police and Criminal Evidence Act (PACE). You do not have to say anything, but it may harm your defence if you do not mention when questioned, something which you may later rely on in court. Anything you do say may be noted and used in evidence. Do you understand?"

 

The Security Officer will have to explain it if you do not understand. If you inform him you don't understand what he's just said, he should give it to you straight. If he says "Tough, you're coming with me" or similar, you've got a point of complaint.

 

If he does not read you a caution, it doesn't mean that the citizens arrest is null, it means that you can say to him what you please and it will be less credible. Bear in mind, a lack of a caution can work two ways. Security Officers generally have the final say in what course of action to take; If that means you can negotiate with the officer and store representitive, all the better. There's no harm, just as if your kid breaks a neighbours window with a football; Theres not often reason for police involvement. It's a civil matter until the police arrive.

 

If the word shoplifter/thief etc is used, remind them that YOU are innocent until proven guilty, just as YOU are entitled to leave at any time. Remember, civil matter. If they withold the right to use the toilet, drink water or be comfortably warm/dry/cool etc, they have removed your liberty as a citizen.

 

Now, the police can be called or negotiations can be made. If you're pleasant, inform them of ANY genuine reasons that you've stolen/removed items without payment and comply with their request to come quietly to the office, you'll get off on the right foot. Negotiations can be made. Hell, if you're in hardship with three kids and abusive husband (for example), I've offered bags to take the goods away (minus the £35.00 turkey the woman had hidden in her babies "Cosy toes" foot warmer - I'm not THAT nice!!).

 

If the police are called, remember, you've got the right to plead your case. There is discretion in it all. You can be remorseful and pleasant, or you can kick off. If you kick off and smack the person stopping you, you'll get CHARGED for two offences - For definate. There'll be no negotiations and you may be made more uncomfortable than somebody who is compliant.

 

The rest is elimentery.

 

Your rights;

 

There's the right to pursue a false arrest claim if the person making the stop detains you and wont release you even though you've no goods on board or SCONE has not been followed. Remember however, the police CAN stop you and search you AND most towns have CCTV and WILL track you. Remember, if you've not got the goods on board at point of exit, you are NOT committing an offence.

 

You have the right to remain silent. You have the right to make notes of what is happening and you have the right to leave - They can NOT lock you in a room or physically restrain you unless you are violent.

 

You have the right to water, toilet facilities and fresh air if available. Nobody can remove your liberty and not allow you the right to water and certain drinks if you suffer from diabetes etc - As long as you're paying, of course!

 

You have the right to ask questions. However, these should be limited and always as "Alleged".

 

You have the right to give the goods back in a saleable condition and negotiate.

 

You have the right to dump goods at the last point of exit if a security officer/store detective is watching you.

 

NOBODY (aside from the law) has the right to search you, remove items from you or look in bags/coats/buggy's etc

 

Remember, unless the goods leave the doors, you are NOT a thief.

 

If you're stopped without having goods on board, the best thing you can do is comply. It's embarassing for the shop, it will ensure an investigation by the SIA (If relevant) and will enable you to complain and potentially reap the rewards for 10 minutes of your time. I've known people get £205 worth of shopping refunded AND £50 gift voucher because an officer stopped them without seeing SCONE. By complaining, you are ensuring that other people will not have to endure the same treatment. The store will complain to the relevant people, the officer will be disgraced and retrained as required.

 

But please, if you're really desperate, take a crisis loan from the job centre and pay for the goods rightfully. Borrow from friends and family or go without. There is nothing worse for us than catching somebody who clearly doesn't want to steal. We're there to stop the big gangs (Booze thiefs, Chewing Gum thiefs, Refund [problem]mers etc). We DO NOT want to be dealing with somebody who is trying to make ends meet.

 

We're not all bad people and as referred to above, are known to turn a blind eye in certain cases; It doesn't happen always and we can't all be the same.

 

End of the day, don't steal. It can end up wrecking your life. This isn't a guide to tell you how to do it, but to avoid becoming a criminal.

 

Yukiko.

[2Grumpy]

Probably best to read this before leaving for the shops ...

 

There's also this thread in the stickies ... http://www.consumeractiongroup.co.uk/forum/showthread.php?266333-Guidance-for-those-Accused-of-shoplifting-theft-falsely-or-otherwise

[Yukiko]

It's written from the Profit Protection's point of view. I am merely repeating my training and nothing else. As said, it is NOT to condone the act of theft. It's to help people that are mistreated etc.

[renegadeimp]

LOL @ profit protection. Please, stop making up fancy names for your job. You are a retail security guard. Nothing more.

[Yukiko]

I'm not a retail security guard? I started off as one, but I'm a Supervisor for a completely different part of the business now. I occasionally go back to Retail if the needs of the business say so. Don't belittle my job - I am happy having one.

[renegadeimp]

Profit protections is just like calling a binman a "waste disposal expert". It doesnt matter what part of the company you are in, you are still the same. JUst now, you are a supervisor.

[ScarletPimpernel]

It is interesting that security staff now see themselves as 'profit protection', which gives the lie to RLP's claims of crime deterrence.

[stargazerlily]

"If the word shoplifter/thief etc is used, remind them that YOU are innocent until proven guilty, just as YOU are entitled to leave at any time. Remember, civil matter. If they withold the right to use the toilet, drink water or be comfortably warm/dry/cool etc, they have removed your liberty as a citizen. "

 

I was denied "the right to use the toilet" (as per my thread) but how can I complain about the removal of "my liberty as a citizen" when the security guard has lied?

[ashamed_lucy]

"If the word shoplifter/thief etc is used, remind them that YOU are innocent until proven guilty, just as YOU are entitled to leave at any time. Remember, civil matter. If they withold the right to use the toilet, drink water or be comfortably warm/dry/cool etc, they have removed your liberty as a citizen. "

 

I was denied "the right to use the toilet" (as per my thread) but how can I complain about the removal of "my liberty as a citizen" when the security guard has lied?

 

Firstly Thank you for this thread, I wont be doing anything silly every again but I wish I had read this before my mindless actions and subsequent ordeal. Like you Stargazer Lily I would be interested in knowing how one would go about complaining about the right of liberty as a citizen.

[Bombaymix]

For complaints against SIA licensed security officers (or whatever other titles we get given) complain to the SIA. If you don't have the officers name or license number you can obtain this. The officer (as a condition of license) must have his/her SIA badge displayed clearly at all times whilst performing operational duties.

[stargazerlily]

Thank you Bombaymix. How do I get the name and license number please? The one in my case had no badge, that's one thing I am certain of.

[Bombaymix]

Hmmmm! No badge? Naughty! Was he a store detective? (plain clothes)

[stargazerlily]

Yes he was (could have been anybody for all I was told!)

[renegadeimp]

Even if he was a plain clothes guard, he would still need to show correct ID.

[stargazerlily]

Renegade, I am 100% certain that I was not shown any ID.

[Bombaymix]

@renegade...He would only need to show his SIA license or badge if asked for it.... It would kinda cock the whole covert operation up if he was made to wear his badge...

 

@stargazerlily, I believe a covert store detective would only be obliged to show you his license if requested, I'm not 100% sure though so hopefully a 'store d' will come along and answer that.

 

Are you comfortable enough to go back to the store (with somebody that can act as a witness if possible) and request the details of this guy? Or, put your complaint to the store manager simply quoting "your store detective who was working on blah blah at blah blah time", if you go down this route you could request his name and or license number to follow up with a complaint to the SIA

[Bombaymix]

RE: plain clothes store detectives (from the SIA website http://www.sia.homeoffice.gov.uk/Pages/licensing-conditions.aspx )

 

Covert Activity

* You do not have to wear your licence where it can be seen, if you can demonstrate that the nature of that conduct on that occasion requires that you should not be immediately identifiable as someone engaging in such conduct. On such occasions you must carry your licence on you and be able to produce it on request. This allows store detectives or close protection operatives to perform licensable activities without the need to be identifiable. This cannot apply to vehicle immobilisers.

[renegadeimp]

Actually if you are stopped by a plain clothes security guard, they MUST make themselves known and must identify themselves. Maybe not on the shop floor, but as soon as you get in the closed part of the store, they must identify themselves. I was a AGM of a large supermarket a while ago, and the guards did that.

[stargazerlily]

Bombaymix, no I wouldn't go into the store, but would be able to request name etc in writing.

Renegadeimp, at an time did he identify himself to me. He DID say what you have done is shoplifting, so I was presumed guilty from the start.

[renegadeimp]

Then what you must do is make a full and formal complaint and go from there.

[stargazerlily]

:-)Then that's what I will do

[Yukiko]

Bombaymix, no I wouldn't go into the store, but would be able to request name etc in writing.

Renegadeimp, at an time did he identify himself to me. He DID say what you have done is shoplifting, so I was presumed guilty from the start.

 

As said above, SIA licenses don't have to be worn or displayed by "Store Detectives". However, if the "SD" is employed by the company they are working for (I.E, Tescos and Asda use their own in house), they don't need an SIA license, let alone carry one.

 

Saying "Shoplifter" is strictly against guidelines. The SD has no right other than to request that you hang about until further assistance arrives from people that are allowed to assume guilt.

[Yukiko]

"If the word shoplifter/thief etc is used, remind them that YOU are innocent until proven guilty, just as YOU are entitled to leave at any time. Remember, civil matter. If they withold the right to use the toilet, drink water or be comfortably warm/dry/cool etc, they have removed your liberty as a citizen. "

 

I was denied "the right to use the toilet" (as per my thread) but how can I complain about the removal of "my liberty as a citizen" when the security guard has lied?

 

I can't comment as to who's a liar or what not... But if the store has toilets, there is absolutely no reason why you shouldn't use them. By going into their office, you weren't convicted, you weren't found guilty, therefore you are still a citizen with rights. I'd be writing a strong letter of complaint to head office (If applicable) and going down the lines of medical grounds.

 

I personally hate store detectives/profit protection/security staff thinking they can hold anyone for anything without question.

[stargazerlily]

Yukiko, I already wrote to head Office to complain and that is when the security guard lied and said I had been asked to wait 15 minutes until the Police arrived (how could he possibly know that, as someone commented) They upheld the decision to ban me from their stores.

[ScarletPimpernel]

The security staff in the Oxford case lied about timings too.

 

For big store chains it is easier (i.e. cheaper), to uphold a ban against one individual than it is to actually bother investigating and doing anything about it.