Talk:Shopkeeper's privilege/Archives/2014

International context

How does the legal situation in the United States relate to that in other jurisdictions? I ask because I saw a documentary about shoplifting in the UK recently and it showed private security personnel employed by shops chasing after shoplifters as they left the premises (apparently it's not stealing until you walk out the door with the goods) and marching them back into the shop. It was not clear if they had any legal power to do this or just operated by intimidation, or knowledge on the part of the shoplifter that the legal consequences will be worse for them if they try to escape. Let's say you find yourself stopped by these people in a case of mistaken identity. Can you tell them to take their hands off you and get them to call the police, who do have the power to search you? Can you tell them to take their hands off you and then escape before the police arrive? What is the legal situation? Credulity (talk) 21:26, 12 September 2012 (UTC)

It does of course depend on the laws of the place you talk about but in general, common law allows a member of the public to detain another person for certain common law offences. Theft is one of those. The statutory power of any member of the public in England and Wales to detain someone they consider to be involved in criminal activity is to be found in section 24A of the Police and Criminal Evidence Act 1974. A person "other than a constable" may arrest without a warrant anyone "Who is in the act of committing an indictable offence; or whom the person has reasonable grounds to suspect is committing an indictable offence." Theft is an indictable offense. WendigoUK (talk) 18:00, 15 September 2014 (UTC)

In fact, the offense of theft is complete as soon as the thief completes the offence of theft. "A person is guilty of theft if they dishonestly appropriate property belonging to another with the intention of permanently depriving them of it." Loss Prevention personnel will wait until the thief leaves the premises just so they can absolutely prove the guilt of the thief. But the theft is often complete inside the store and they could if they wanted to detain the thief inside and I have on occasion done so.WendigoUK (talk) 18:12, 15 September 2014 (UTC)