News0 min ago
Is This Theft?
I was moaning to my OH that the women's magazines with free gifts (lipsticks, nail varnishes etc etc) on display in my local Tesco always have all the items removed by tearing through the plastic wrapper. I have complained to Tesco about it in the past. Anyway OH asked is this classed as theft because the items were free. If Tesco caught the person in the act of removing the gift but leaving the magazine could they charge them with theft/shoplifting?
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For more on marking an answer as the "Best Answer", please visit our FAQ.Yes, it's theft.
Firstly, the items aren't really 'free' anyway. (They're offered as part of a 'package', which includes the magazine and the cover-mounted item).
Secondly, it's possible to steal something that's offered free of charge anyway. I remember a court case in the newspapers where a pile of leaflets or brochures was marked 'please take one' (obviously meaning 'free of charge'). However the person who took the whole pile was still successfully prosecuted for theft.
The legal definition of 'theft' is given here:
http:// www.leg islatio n.gov.u k/ukpga /1968/6 0/cross heading /defini tion-of -theft
Firstly, the items aren't really 'free' anyway. (They're offered as part of a 'package', which includes the magazine and the cover-mounted item).
Secondly, it's possible to steal something that's offered free of charge anyway. I remember a court case in the newspapers where a pile of leaflets or brochures was marked 'please take one' (obviously meaning 'free of charge'). However the person who took the whole pile was still successfully prosecuted for theft.
The legal definition of 'theft' is given here:
http://
Why would it be the staff? More likely it's customers who don't see it as theft. I work with magazines and the free gifts are quite frankly a pain in the backside. The worst things for being nicked are football stickers. And it's not only kids either - I have known people to take match attax starter packs from the shelves, put them in their trollies as if they were buying them, only for someone to find them 30 mins later with the stickers taken from them.
To me it's definitely theft. The 'free' lipstick is part of the magazine. If someone takes the lipstick it denies someone the chance to get one with their magazine. The magazine without the lipstick may be left unsold so the shop loses out.
To take another example, if there is a Buy One Get One Free offer on tins of beans and someone picked up a tin and walked out without paying it would be no defence to say it was free tin
To take another example, if there is a Buy One Get One Free offer on tins of beans and someone picked up a tin and walked out without paying it would be no defence to say it was free tin