Detained by security guard

[Green_door]

I was falsely accused of shoplifting in a Scottish supermarket, the 'security' guard told me to accompany him to a back room to which I refused, he then forced my arm behind my back and marched me an empty room (looked like an unused office) and locked me in all the while telling me the police would be here soon. I managed to record the incident on a mobile phone and have on record me asking him what will happen if I attempt to leave to which he replied he would prevent me with reasonable force.

I was detained for nearly an hour, when the police finally came they very quickly realised there was no case to answer and I was allowed to leave.

I was seriously shaken by the incident particularly as there was no toilet facility in the 'detention room'. Do I have a potential civil case against the guard.

I am in Scotland by the way, I know the law is different here.

[R0b]

Re: Detained by security guard

I was falsely accused of shoplifting in a Scottish supermarket, the 'security' guard told me to accompany him to a back room to which I refused, he then forced my arm behind my back and marched me an empty room (looked like an unused office) and locked me in all the while telling me the police would be here soon. I managed to record the incident on a mobile phone and have on record me asking him what will happen if I attempt to leave to which he replied he would prevent me with reasonable force.

I was detained for nearly an hour, when the police finally came they very quickly realised there was no case to answer and I was allowed to leave.

I was seriously shaken by the incident particularly as there was no toilet facility in the 'detention room'. Do I have a potential civil case against the guard.

I am in Scotland by the way, I know the law is different here.

Not sure about Scotland but in England there is false imprisonment/wrongful arrest and distress. There's are probably claims similar to this if not the same in Scotland

[woungd]

Re: Detained by security guard

Hi. Yes I agree with Rob. It appears that unreasonable force was used, and I believe that you should not have been left unattended at anytime. I believe that you have a case against the store (not the security person) since they employed the security firm and it happened on their property. You should lodge an assault and false imprisonment case against the store. Perhaps draft a letter to the store manager outlining the incident and your complaint.
Take it to a lawyer, no win no fee may help

[R0b]

Re: Detained by security guard

Well, I wasn't implying there was a definitive claim! I just meant the possible type of claim available, you could potentially take a claim against both the security guard in his personal capacity and the shop but I am not too sure if it is worth the hassle. Appreciate it might have been a bit of a shock and of course distress is a claim that can be made but you were there for an hour, it wasn't like the police arrested you, took you away put you in a cell and held you for 12 hours or so.

If you did want to make a claim against the store or security guard, I would probably expect any compensation award to be minimal and not substantial.

[Green_door]

Re: Detained by security guard

Thanks for the replies, that's pretty much what I thought. My first port of call will be asking for reparation from the store which I feel is the least they owe me, I had an idea that if there was a more definitive civil action that can be taken in Scotland then it would give more weight to a letter of complaint. It appears however that there is no direct comparison to the England/Wales tort of unlawful imprisonment. Threatening court action even in a letter to the shop without actually being explicit and knowing what you're talking about seems counterproductive.

I think there must be a Scots common law case which gives a basis for unlawful detention in Scotland but I'll be mullered if I can find one. Any Scots law experts?

[R0b]

Re: Detained by security guard

Thanks for the replies, that's pretty much what I thought. My first port of call will be asking for reparation from the store which I feel is the least they owe me, I had an idea that if there was a more definitive civil action that can be taken in Scotland then it would give more weight to a letter of complaint. It appears however that there is no direct comparison to the England/Wales tort of unlawful imprisonment. Threatening court action even in a letter to the shop without actually being explicit and knowing what you're talking about seems counterproductive.

I think there must be a Scots common law case which gives a basis for unlawful detention in Scotland but I'll be mullered if I can find one. Any Scots law experts?

False imprisonment is just a term used in England, wrongful arrest, unlawful arrest could be meanings in Scotland. There is undoubtedly claims being made against shops, police or individuals on this but I would suspect they probably get settled out of court and could be little actual case law on the matter. Best bet is to speak to get free initial advice from a Scottish lawyer who has knowledge on this and the kind of compensation you might expect to get.

At the very least, even if you write a letter to the shop, even just mentioning the unlawful arrest/wrongful arrest will be enough to make them aware you are considering a claim. You don't need to spell out in the letter what exactly is required or any case law, it's only an initial letter or a letter before action - you will discuss all of that once you initiate proceedings.

[Green_door]

Re: Detained by security guard

Thanks, letter will be winging it's way today sometime.

Thank you for the advice/reassurance.

[oldbadger]

Re: Detained by security guard

Hello Green Door!
I have been offline for days and only just saw your report about what happened.

You do need (imo) to see a Scottish solicitor about this.

I suggest that you:-
1. Write down a detailed report about exactly what you did from arrival to departure in that store.
2, ....exactly what the guard did and said from the moment he stopped you (and where) to when the police arrived.
3. Exactly what happened during the police visit.
4. Do you know whether the guard is employed by the store or by a contractor?
5. Is the store a single unit company or part of a large retailer?
6. Is there still any cctv footage of the incident? If so you need to write to the retiler's company-registered offices to ask them to download and keep it. It will possibly be wiped after one month from the day of the incident.

You just might be able to get help from a solicitor on a no-win no-fee basis, but don't know about that. You could ask....?

Me? What would I do in Englansd? I would initially write to the retailer's Chief Executive, explaining what happened and how I was detained, held, deprived of freedom, frightended and the consequences of not being free to arrive at various plaxces etc....... and ask the CEO for his/her opinions abnout how that store will treat customers in future, together with his/her suggestions as to how I might be compensated for the upset, damage and loss caused to me. If I did not receive a reply within ten days I would send one more letter explaining my surprise at being ignored and explain that I had no other option than to seek legal advice.... But that's just me.

Good luck....