Assault in supermarket

[LD_DOLL1611]

My brother was accused of shoplifting in a well known supermarket on Friday evening. He was knocked to the ground by a male (quite heavy built) member of staff (not a security guard) and is now in severe pain with a twisted back, hip and knee. He is also very badly bruised all over his hip.
Does anyone know if he can take action against the supermarket in question.
They did call the police but my brother was let go without charge.

[boxtops]

I agree with Eddie - I hope LD will come back and update us.

[factor-fiction]

Of course he can take action against the supermarket, if the circumstances were as described.
But, just a swith another incident on here recently (http://www.theanswerbank.co.uk/Law/Criminal/
Question1042843-3.html)
I'm wondering whether there is more to this story than we have read here.

I'm not sure why he was paying at the cigarette kiosk rather than the tills.

[boxtops]

Factor, the last bit is plausible - if you only have a couple of items, it's easier to go to the cig counter than to queue up.

[factor-fiction]

Possibly boxtops- although I thought that meant passing through the tills or going back on yourself back towards the entrance.

[RATTER15]

I don't believe this is quite as it is being told, supermarket staff don't usually knock members of the public to the floor on suspicion of shoplifting, I think there is more to this story that we will possibly never know!

[factor-fiction]

My link above didn't work
http://www.theanswerbank.co.uk/Law/Criminal/
Question1042843-3.html

[AB Editor]

Morning. Please try and be helpful, making jokes in the Law section is unacceptable. Elvis, please consider yourself warned.

[Twenty20]

And you don't think that if this assault actually took place, and the police viewed the cctv tape as claimed, that they would have said something about it?

The story, as told here, just doesn't ring true.

I think maybe you are not being told the whole story by your brother, for whatever reason.

Perhaps you need to sit down with your brother before rushing off to solicitors or whoever and find out what it was all really about. Could save any embarrassment later on.

[roxie_09]

You wouldn't expect staff to be so forceful because of the way they are trained etc, but like anywhere, some people think they are above this, and I wouldn't be surprised if this guy was one of them. Good luck LD and keep us updated x

[daffy654]

Can I just add that you may only have a month to get hold of the CCTV footage. When I worked at Morrisons we had a cabinet with 31 CCTV tapes in it. Every day a new one is inserted and the old one placed in the top of the locked cabinet, all 'new' tapes are taken from the bottom of the pile so it takes 31 days for each tape to get round to being used/taped over.

Lots of shops use the same system as I also worked in an off licence and we had the same cabinet there.
http://www.tringmain....ompliance/tapecab.htm

[exdc]

Folks, just to confirm, there is no requirement in law for a shoplifter to leave a store to commit theft.

[boxtops]

Really, exdc? - so you can be stopped just because you look as if you are making your way out of the store without paying? I always thought you had to pass through the outside doors before you could be stopped.

[exdc]

It may or may not be some company policies boxtops, its basically an evidential tactical advantage if some one has left the store but not a requirement in theft etc.

[RATTER15]

exdc, surely you haven't stolen something if you haven't left the premises, unless you have actually consumed the product.

[crisgal]

sorry ummm, i went to bed and didn't see the later answers.
Sorry x x

[exdc]

Hi

In its most basic format theft is, dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it. You can appropriate the property inside the store etc.

[exdc]

LD_DOLL

Sorry as I haven't read the whole thread but get your brother to report the facts to the police, they will know what to do etc.

[exdc]

Hi Eddie

I do understand the basis or your question and I will try and answer you in detail later but if you look at the basic definition of theft i.e. A person ios guilt of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it, where does it state a person must leave an area to commit the offence.