Accused Of Shoplifting Scotland

[unfair]

I was shopping in Tesco tonight using scan as you shop. My wife was about to walk out the door with shopping and I went to the cigarette counter to get a bottle of juice that I had forgot to get. As she was walking out the door, she was stopped by the Security Guard and was told to get me.

We were taken to the office at the back of the store and accused of shoplifting. I was confident that I had nothing to hide, so wasn't that worried. However, it turns out that I forgot (genuinely, I know you probably here this all the time) to scan two items - a bit of boiling beef worth about £3.20 and 8 slices of corned beef worth £2.27.

They said that they were going to review the CCTV to decide what they were going to do. While they were doing that the Security Guard asked for our details, wife gave hers but I refused to give mine until I found out what was going on.

The Manager (or whoever) then came back in and said they had reviewed the CCTV decided it was shoplifting and were going to deal with it by way of Civil Recovery Proceedings. I asked what this involved and he said they would take our details and letter would be sent to recover the money along with their staff costs. I asked why their staff costs as they would be paid regardless and as soon as I asked this another member staff pulled (who I thought) was the manager out and said it's too late, she's calling the police.

So police turn up review CCTV decide I was indeed shoplifting, and offered to deal with it by way of Recorded Police Warning and explained this was basically a warning that would stay on file for 6 months, keep nose clean (no problem) and it would drop off.

Due to my job and the effect of going to court can have on it, I accepted. When I got home I googled Recorded Police Warning and it says that they stay on file for 2 years and not 6 months, so I feel as if I was lied to by the police.

I am mega pissed off by all this, I offered to pay the £5-6 for the goods, but they Tesco were not interested. It is not worth my job stealing, have too much to lose, especially for that amount.

The more I think I about I would rather have my day in court, but a criminal conviction would have serious consequences for my job. If Tesco had bothered to check my club card, they would have been able to see that I have spent £1000's in their stores and had lots of random checks when using scan as you shop and only once had a discrepancy which valued a £1.

They decided I was shop lifting as I made no attempt to scan the two items. I had got one item from the butcher counter and the other from the deli. I would have thought it would been worse if it had looked liked I scanned, but never. It was genuine mistake because as soon as the assistant handed me the items, I put them straight in the trolley. The two items were probably two of the cheapest in the basket.

I have 28 days to appeal the Record Police Warning, is this worth doing? And do I have any comeback on the police officer that told me it was 6 months and not two years, I'm guessing not as it will be her word against ours.

Apologies for the length of post and thanks.

[Kati]

Re: Accused Of Shoplifting Scotland

Tagging [MENTION=39710]des8[/MENTION] [MENTION=2]Celestine[/MENTION] xx

[des8]

Re: Accused Of Shoplifting Scotland

Hi and welcome

Obviously you can ignore anything you receive from any retail loss merchnts who try to recover Tesco's "losses"!

The RPW is slightly different in that, as you say,it remains on file for 2 years and "could be considered for disclosure in relevant circumstances".
If your employer is unlikely to request a DBS check, I would be inclined to forget the incident.

IMO the risk of getting a criminal conviction against a RPW isn't worth taking.

[unfair]

Re: Accused Of Shoplifting Scotland

Hi and welcome

Obviously you can ignore anything you receive from any retail loss merchnts who try to recover Tesco's "losses"!

The RPW is slightly different in that, as you say,it remains on file for 2 years and "could be considered for disclosure in relevant circumstances".
If your employer is unlikely to request a DBS check, I would be inclined to forget the incident.

IMO the risk of getting a criminal conviction against a RPW isn't worth taking.

Thank you for your reply.

I am still extremely angry about this. They were not interested in seeing that it was genuine mistake and seemed itching to call the police. Like I said in my previous post if they had looked at my scan as you shop random search history, they would have found that I have always scanned and paid for everything.

What is the effect of appealing the RPW? Can they then refer the case to the Procurator Fiscal or is it just simple a case of appeal is successful or if unsuccessful the RPW stays on record?

Also I am really annoyed that the Police woman told me that it was only record for 6 months and not two years.

[des8]

Re: Accused Of Shoplifting Scotland

I think you need to step back from this.

Tesco security..... enough said.
Police.. a very small amount, not worth spending time on it,, quick & easy

If you appeal RPW, a report could end up with procurator fiscal who will decide if further action should be taken.
Whilst the amount is very small, and it might not go further, is there any point to risking a court appearance, which you might lose with consequent implications for you and your family.
If the principle is that important, carry on and appeal.

[unfair]

Re: Accused Of Shoplifting Scotland

Thank you for your reply.

The principal is very important to me, but at the same time I'm not stupid. I just feel that neither Tesco or the Police would listen to what I had to say and acted as judge and jury.

The main principle of theft is the the dishonest intention to deprive. It was not a dishonest attempt, but genuine mistake.

[des8]

Re: Accused Of Shoplifting Scotland

Thank you for your reply.

The principal is very important to me, but at the same time I'm not stupid Apologies Never meant to imply you were. I just feel that neither Tesco or the Police would listen to what I had to say and acted as judge and jury.Tesco's always do! We have one case here where staff took £60 (double the value of the shopping) as a donation to charity.
Police look for clear up figures

The main principle of theft is the the dishonest intention to deprive. It was not a dishonest attempt, but genuine mistake. Never doubted you. We see too many such scenarios here.
.

Good luck

[unfair]

Re: Accused Of Shoplifting Scotland

Hey Des, thanks for your replies. Apologies I never meant to imply that you implied I was stupid. lol I meant that all though I feel very principled about the whole thing, I am not stupid enough to risk a conviction, although hopefully a Sheriff would be able to see it was an honest mistake.

I really appreciate the help.

I also spoke with my cousin today who is an experienced policeman and he said that the two officers (although he did not know them personally) were not very experienced and one was even a probationer. He said he would have dealt with it differently, first of all asking if I had the money to pay for the items, which I did. He was also surprised that Tesco never gave us the option to just pay for the items. He would have looked at my age (40), any previous convictions (none) and asked about job (military 20+ years. Am I really going to risk my pension for corned beef!!) and would have come to the conclusion that it probably was an honest mistake and given us an informal warning.

However he thinks that if I do appeal, then they can't then send it to the PF as the police have already dealt with it, so my appeal would either be upheld or rejected.

Thanks again.