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Advice required for a relative. They were stopped before leaving a store with some goods they hadn’t paid for. The store detective said he would go and check the CCTV to confirm this. However another staff member allowed my relative to leave. The store detective did follow her out but said she could leave as the bag contained a parcel from another store which obviously had some personal details on the front and he said he would send the police round instead of doing anything else about the alleged theft. My relative is suffering from some health issues but is more worried about the police coming to arrest her in front of everyone and wants to know how to hand herself in to avoid this and potentially being thrown out of home.
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So they don't actually know if your relative had unpaid goods on them when they left the store.
The store will need to have kept her under observation the whole time they were in the store from the point at which the goods were picked up to the time she left.
If they don't have her under continuous observation she could have put the goods down anywhere in the store.
Even if the police are involved they will not just turn up to arrest her.
They will probably contact her by phone or just pop round for a chat.
However they contact (if they do) she should not discuss the incident at all without first speaking to a solicitor.
This is her right.
She must not believe the police if they say it is just a chat... she needs to insist on a solicitor being present.
If she does not have her own solicitor she can ask for the duty solicitor.
This is free and is her right.
If the store do not have sufficient evidence, she doesn't want to incriminate herself.
Why is she concerned about being thrown out of her home? -
Sorry for any confusion and if I didn’t clarify properly what had happened. My relative was stopped before leaving the store and asked by the store detective if she had paid for the goods in her bag to which she didn’t reply. The bag was taken off her for him to search and him asking for the receipt. After which he then said he would go & check the CCTV. My relative was just left stood there (which seems unusual to me as wouldn’t they have told her to go with them or something?). The other staff member said she could leave when she asked if she had to stand there or not. The store detective as I said followed her out almost immediately and didn’t say whether he had even checked the footage or not (this all happened within 2-3minutes). All he said was he didn’t need her to wait as there was a parcel in the bag with a name and address on which he assumed was hers and would send the police round.
You mentioned the police contacting her by phone which they wouldn’t have a number so a visit for a ‘chat’ seems most likely. Would the chat be to tell her she needs to go to the station for further investigations where they may then charge her? & what would be sufficient evidence considering they let her go without establishing anything? Also what is the actual likelihood of all of this considering all we ever hear about is the shortage of manpower and resources and what would be the benefit of pursuing this matter when the store suffered no actual loss nor I imagine is it high up the list of criminal offences or priorities.
Another thing I also wanted to ask about was the bag that they kept had items from elsewhere including a couple of unopened parcels (containing clothing bought online). How does she get the other items back or do they have the right to confiscate and keep them?
As for being thrown out of home as I said she lives with parents in their house and being arrested in front of them and the neighbours and being gossiped about wouldn’t go down too well.
& thank you by the way for responding and advising it’s much appreciated.
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If it was me, I would personally write a Formal Letter of Complaint to the store's Head Office.
A bumbling security guard, who hasn't followed any of the stores security protocols, your relative
was stopped within the store (didn't leave), doesn't know if anything has been taken, left your relative
standing there, had to go back inside to check CCTV, has confiscated personal items belonging to
your relative, left your relative stressed, who has health conditions etc.
Your relative has been stopped on a 'hit and hope' they've caught someone.Comment
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It is because no one knows what evidence the store has that it is important she doesn't speak to the police (if they should ever call) without a solicitor being present.
As echat11 says, the security guard has not followed generally accepted procedures and the store have kept her property, which is completely unacceptable even if she was stealing from them.
I take it she is a young lady, and I would hope her parents, rather than disowning her, would support her.
This is not the crime of the century, and all concerned should keep the matter in perspective
It would be better for her to discuss the matter with her family before they find out from the police (that would be a real shock)
I realise it would be embarrassing, but families support each other without condoning the wrong doing
If the police should want to speak with her she will not be arrested in a dramatic dawn swoop.
There will be a knock on the door and a request to have a chat.
At that point she says "OK by appointment please, down the station with duty solicitor present. Here's my telephone number" and the police go away.
From then on no police at the door and the neighbours can mind their own business.
IF, and it is a big if, it goes any further the worst result will likely be a caution (but not to be accepted without a solicitor's advice), but there are other lesser solutions open to the police.
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echat11 Thanks for the response about contacting HO as obviously the online paid for goods need to be retrieved. My relative was unsure of how to go about that as she is too scared to go back to the store to ask for them as she said they could take her into the office to call the police for the previous incident or else worst case scenario accuse her of something else and even say things to her which unless she records all of this it would be her word against theirs. Is there any legislation or legal jargon we could quote in the letter to ensure they return the items to a home address (she can use mine if she wants) as by keeping the items haven’t they technically committed a crime too (theft) as well as like you said not followed any correct procedure particularly the confiscating of goods which by the way what is the correct legal way of confronting someone suspected of shoplifting are they allowed to demand to search you/your possessions and take things from you? Many thanks in advance for any further advice it’s much appreciated.Comment
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des8 Thanks for the response and for particularly the reassurance that there would only be a knock at the door by police if they were to possibly call not a dawn raid on the house. So just to confirm anyone is allowed to refuse entry to the police (or anyone in fact for that matter) wanting to come into a private property aren’t they?
Yes my relative is young and as you suggested I have said the same too that it might be best if she just informs her parents and that way she has their support (although you never actually know how anyone will react until they are in a particular situation) and they are not shocked when they find out from the police (whom I can imagine would gladly inform them why they are).
I will let her know not to speak to them or allow them in and to do as you said and request an appointment to meet them with a solicitor present as at least that way they go and no one needs to know anything further. Another thing I just thought of is if (& as you say it’s a big if) they do turn up and goes to the station again if she is charged would she be arrested and detained or just arrested and charged and then let go?
echat11 As has also been advised some sort of communication will need to be made to HO to retrieve the other items although there is the worry now that there could actually be a denial of anything being kept and no way to prove otherwise. Honestly in my opinion I think security guards act way above their station and legal rights and say and do things which someone detained would allow or believe is their right to do so (same with the police and anyone in authority I imagine).Comment
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Exactly that, I would tell them that, the matter will be reported to the police and you will take further action if necessary to recover the property, as they have no right to take the goods belonging to your relative, as it stands it's 'theft'.Originally posted by Timberland7 View Post
They've 'put the cart before the horse', they should have proof before stopping your relative, instead they stopped then sought to find proof. Make sure you ask them how they intend to return your relatives property.
https://www.legislation.gov.uk/ukpga...ition-of-theftComment
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Depending on the age of the young lady, the police should not inform anyone (other than her) why they wish to speak to her.
Before any steps are taken the police will want to speak to her under caution
This is to enable them assess the position and decide if an offence has taken place, and if it has if there were mitigating factors and if there is enough evidence to take it further.
This is one reason why a solicitor is important. It is easy to incriminate oneself when one doesn't know the rules of the game!
Assuming there is evidence and assuming it was a low level offence the incident is likely to be dealt with by community resolution or caution
Can't see her being detained whatever happens as that opens a whole lot more paperwork which isn't necessary and the ordinary cop doesn't want!Comment
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