what are my rights

[kattyia5]

My 13 year old son recently walked into the local co-op. He picked up a yazoo drink and some foam banana sweets and a packet of biscuits. He put down the drink and sweets to get the money out of his pocket and doing so moved his top. He had the biscuits in one hand and used the other hand to adjust his top. He was accused of shop lifting. He told the person that he had the money to pay and wasn't shoplifting he was told to escort her, which he did with the biscuits still in his hand. He was told that he was banned as he was about to steal the biscuits they were snatched from him, and pushed out of the door. He was not allowed to explain what he was doing. I intend to visit the store and speak to the manager. Does anyone know what my rights are>

[theo_wyvern]

assistant/shopkeeper has to be sure that he was going to stea; and so often they will wait until a shoplifter leaves the store to ensure they are actually thieving - think you entirely within your rights to complain !

[gary baldy]

In theory the shop can serve whoever they wish and if they want to refuse to serve your sone then they can.
Saying that however it seems your poor son has been victimised and treated very badly.
You cannot accuse anyone of shoplifting unless they clearly conceal goods and even then can only be 'pulled' on leaving the premises.
I think a few stern (but polite) words with the manager is needed and the least you can ask for is an apology.
In my opinion this is unacceptable - kids are immediately demonised and they have rights and feelings too (especially when they arent even doing anything wrong).

[hopalong]

The only thing I can suggest is go to the supermarket and see the manager and explaine things to him or write to the supermarket in question.

[NORMANTHEDOG]

I believe that until you have left the shop you cannot be accused of shop lifting,my wife works for M&S and she says you have very good reason to complain.

[laurence2]

until you walk out of the shop you can,t be accused of stealing, reverse the roles and speak to the manager and say you would like to press charges for man-handling your son {assault} then see what rights they,ve got. if they have any defence theirs plenty of kids that mess around in shops so they go for zero tolerance. but as stated the law is the law and he had money and was willing to pay.

[Sasha13]

Speaking as a Retail Manager the last two posts are correct: you must leave a store before you can be accused of shoplifing. Otherwise the store cannot prove that you didn't intend to put the items back on the shelf before leaving. If this is what happened then you do have lawful grounds for a complaint. However, are you sure that your son is telling you the whole story? I ask not to accuse your son, but rather because most stores know that someone has to leave before they can be stopped and if he was actually caught shop lifting a pack of biscuits he may just be banned from the store rather than police getting involved. Is there any possibility he is embellishing the truth at all as he doesn't want to get into trouble with you? Do speak to the Store Manager, but it may be worth seeing what they have to say rather than going in all guns blazing.

[Greedyfly]

Yep yep until you leave the store you have not stolen, they have to wait until you leave. The company I work for generaly try to diffuse it before they leave though because watching them do it waiting for them outside is a bit like trapping them. But you cant steal until you have left.

[kattyia5]

thank you for your interest and advice. The matter is now resolved. I went to speak with the manager. It was a misunderstanding. But, I was informed that yes an offence is called shoplifting if you walk out of the store. But if caught suspiciously on cctv then it is a different matter. If the intent is there then police have to be called in to witness the offence. But, luckily in this instance it was an misunderstanding

[tamiya]

everyone is basically correct you do have the right to complain,but as for leaving the store/shop if your son put the items in his pocket it could be assumed by the shopkeeper/police that he had taken ownership of the goods and does not legally have to leave the shop to be accused of theft.the theft act says:a person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permenantly depriving the of it.I would certanly ask the store to prove their actions were correct and steer well clear of the shop, make lots of bad publicity for them