Why you SHOULDN’T make a citizen’s arrest if you spot a shoplifter: Lawyers warn the public not to be a hero and detain thieves – because you could be locked up for assault as they walk away scot-free
Shoppers trying to arrest shoplifters could expose themselves to legal action and even imprisonment for assault, a lawyer has said.
Chris Philp told a fringe event at last week’s Tory Party conference that members of the public should make citizen’s arrests on thieves and called on security guards to step in where it is safe to do so.
But Ed Smyth, partner at Kingsley Napley, said that the law only permits citizen’s arrests for serious cases that will be tried in a crown court – something that applies to only a tiny minority of shoplifting cases.
This means that if someone forcibly detains a shoplifter for a lesser offence they could find themselves liable to prosecution.
Muscalu Valentine casually strolls into the glasses shop with the intention to swipe the designer frames
Two brave passers-by apprehended Valentine and forced him to return the stolen frames
The Romanian pleaded guilty to theft at Westminster Magistrates Court on July 18
Ed Smyth, partner at Kingsley Napley, said that the law only permits citizen’s arrests for serious cases that will be tried in a crown court
He said: ‘Section 24A of the Police and Criminal Evidence Act 1984, which was introduced on 1 January 2006, explicitly permits a person who is not a police officer to arrest another person who is in the act of committing an ”indictable” criminal offence, a person who is guilty of such an offence, or someone who the bystander has reasonable grounds for suspecting to be committing or to have committed an indictable offence.
‘The potential hero must therefore understand which offences fall into the ”indictable” category.
‘Even a trained police officer, or a criminal lawyer, may struggle here.
‘The relevant offences are the more serious ones, triable at a Crown Court: rape, murder, grievous bodily harm, and illegal possession of a firearm are obvious; less obvious is the fact that most motoring offences, criminal damage where the value of the damage is less than £5000 (except in cases of arson), and – notably – shoplifting, do not fall into this category.
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‘These are classed as summary-only offences, meaning they are to be tried at a magistrates’ court.’
Mr Smyth said that due to the complex nature of the law ‘it is no coincidence that many shop-workers have been trained not to intervene in suspected shoplifting’.
He said it was best for shoppers not to try and arrest criminals and leave it to the police instead, adding that ‘in the worst case’ have a go heroes could find themselves being convicted and jailed for assault.
‘In almost all cases, it’s best to leave the apprehension of criminals to the professionals (and so to ensure that those professional services are effectively resourced),’ he said.
‘The only exception may be where there is a real and direct threat to personal safety, when the law on self-defence is likely to be engaged.’
Last week, dramatic footage captured the moment a shoplifting gang were tackled as they allegedly tried to flee a Tesco with electronic goods worth £3,000. The men were seen throwing items in a shopping trolley into a car in a Tesco car park in Waltham Abbey, Essex
As they try to drive away, the men surround the car and manage to open the door and try to drag the alleged thieves out
Mr Philp, the MP for Croydon South, called for the public to take on shoplifters during a fringe Tory Party conference event hosted by Policy Exchange, a think tank.
During his speech, he reminded members of the public, shop staff, and security guards that they have the power to carry out a citizen’s arrest, The Times reported.
‘Where it’s safe to do so I would encourage that to be used, because if you do just let people walk in and take stuff and walk out without proper challenge, including potentially a physical challenge, then it will just escalate,’ he said.
‘While I want the faster and better police response they can’t be everywhere so I would still think about stores setting that up in some cases.’
Under Section 24A of the Police and Criminal Evidence Act 1984, anyone can arrest a person committing an indictable offence. This is an offence that can be brought before the Crown Court – for example a burglary.
They can also arrest someone if they have reasonable grounds to suspect they are committing an indictable offence.
Chris Philp told a fringe event at last week’s Tory Party conference that members of the public should make citizen’s arrests on thieves and called on security guards to step in where it is safe to do so
Mr Philp’s comments have also been questioned by Tesco boss Ken Murphy.
While Mr Murphy said he would ‘applaud the sentiment’ of the minister, he would ‘absolutely do not want’ either customers or staff to put themselves in harm’s way.
‘We don’t want anyone getting hurt is the short answer,’ he said.
He added that abuse of retail staff was ‘totally unacceptable’ and admitted shoplifting had become a national problem for ‘civil society’.
Last week, dramatic footage captured the moment a shoplifting gang were tackled as they allegedly tried to flee a Tesco with electronic goods worth £3,000.
The men were seen throwing items in a shopping trolley into a car in a Tesco car park in Waltham Abbey, Essex.
Footage shows them jumping into a black BMW as another group run towards the vehicle.
As they try to drive away, the men surround the car and manage to open the door and try to drag the alleged thieves out.
Mr Philp’s comments have also been questioned by Tesco boss Ken Murphy, who said he would ‘absolutely not want’ to put staff or shoppers in harm’s way
A security guard can also be seen attempting to open the boot and shocked witnesses are heard saying ‘call the police’.
A struggle ensues as the apparent shoplifters are forced to the ground and restrained.
Police arrived on the scene and arrested two of the men, aged 17 and 27, on suspicion of theft.
They have been released on conditional bail and have been banned from the Tesco store.
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