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Re: please help - accused of shoplifting from asda
My advice put it down to experience and wait for the letter from the RLP we can dispense with that when the occasion arrives.
D
Originally posted by gaz2006
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see ********** below
I have to go by the circumstances that are presented in the posts in this thread in order to state a considered opinion. I will, therefore, deal with the separate issues -
Allegations - Asda have both failed and refused to produce evidence substantiating their allegations. The claim that the CCTV footage can only be shown in court is total crap. There are strict rules governing the disclosure of evidence and time-limits for providing it to a defendant. In the case of criminal offences, this is governed by the Police & Criminal Evidence Act 1984 (PACE) and Criminal Procedures Rules. Your friends have a right to see any evidence of any alleged offence the security bod claims they committed. Asda head office, in Leeds, need to be made fully aware of what one of their branch managers and security staff are up to and invited to provide the evidence to substantiate the allegations.
This is all irrelevant, there is no case items were bought and later paid for. Why would they release footage of a transaction.
Banning Order - A retailer has a right to exclude any person from their premises as they see fit without citing a reason.
Yes with certain HR exceptions
Actions of Security Bod - I am somewhat surprised a warranted police officer allowed the security bod to behave the way he/she did. This needs to be addressed. On the face of it, if your friends have paid for the items the security bod has alleged they stole and can produce the receipts to prove this, then Asda need to be made aware of this and required to return the £40 forthwith by the same method it was paid. There may be grounds for making a formal complaint against the police officer as if they allowed what is a possible offence of Blackmail on the part of the security bod to take place in their presence and did nothing, that is Neglect of Duty.************ of the 2 receipts on days in question 1 was for exact amount they said had been taken without paying other was for lesser amount something like debit was for £6 of goods they said theyd taken £16 etc
Yes good luck with that
Failure to Act on Days of Alleged Offences - An experienced police officer would have queried why Asda did not take action on the days of the alleged offences by your friends. The police officer involved in this case may be a probationer, that is, a police officer in the first two years of service. Nevertheless, if this matter were to be litigated in a court of law, the court and, indeed, a legal professional would challenge the actions of the security bod and the manager in this respect.
and back in the real world
Next Steps - This matter is not something I would advise a layman to tackle on their own without the assistance of a legal professional. Your friends need to speak to a legal professional about this and be guided by them.*********** all good points ill talk it over with them
I have to go by the circumstances that are presented in the posts in this thread in order to state a considered opinion. I will, therefore, deal with the separate issues -
Allegations - Asda have both failed and refused to produce evidence substantiating their allegations. The claim that the CCTV footage can only be shown in court is total crap. There are strict rules governing the disclosure of evidence and time-limits for providing it to a defendant. In the case of criminal offences, this is governed by the Police & Criminal Evidence Act 1984 (PACE) and Criminal Procedures Rules. Your friends have a right to see any evidence of any alleged offence the security bod claims they committed. Asda head office, in Leeds, need to be made fully aware of what one of their branch managers and security staff are up to and invited to provide the evidence to substantiate the allegations.
This is all irrelevant, there is no case items were bought and later paid for. Why would they release footage of a transaction.
Banning Order - A retailer has a right to exclude any person from their premises as they see fit without citing a reason.
Yes with certain HR exceptions
Actions of Security Bod - I am somewhat surprised a warranted police officer allowed the security bod to behave the way he/she did. This needs to be addressed. On the face of it, if your friends have paid for the items the security bod has alleged they stole and can produce the receipts to prove this, then Asda need to be made aware of this and required to return the £40 forthwith by the same method it was paid. There may be grounds for making a formal complaint against the police officer as if they allowed what is a possible offence of Blackmail on the part of the security bod to take place in their presence and did nothing, that is Neglect of Duty.************ of the 2 receipts on days in question 1 was for exact amount they said had been taken without paying other was for lesser amount something like debit was for £6 of goods they said theyd taken £16 etc
Yes good luck with that
Failure to Act on Days of Alleged Offences - An experienced police officer would have queried why Asda did not take action on the days of the alleged offences by your friends. The police officer involved in this case may be a probationer, that is, a police officer in the first two years of service. Nevertheless, if this matter were to be litigated in a court of law, the court and, indeed, a legal professional would challenge the actions of the security bod and the manager in this respect.
and back in the real world
Next Steps - This matter is not something I would advise a layman to tackle on their own without the assistance of a legal professional. Your friends need to speak to a legal professional about this and be guided by them.*********** all good points ill talk it over with them
D
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