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Plain Clothes Inspectors at Manchester Victoria

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Busaholic

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I'm a shopkeeper. If someone walks into my shop, picks an article up and walks off with it, with no attempt at concealment, the law does not allow me to physically apprehend that person in any way, even a tap on the shoulder. Shopkeepers have been convicted of assault when chasing shoplifters, sometimes concurrent with the thief being convicted of theft, but sometimes it's only been the shopkeeper or shop staff being charged. This scenario has never quite happened so blatantly with me in attendance, but it has with female staff and I would never have expected them to pursue.
Several years ago a Woolworth's security guard (yeah, that long ago!) was pursuing an alleged thief along my road, calling for someone to dial 999, which I duly did, while all the time being attacked by this individual. He did not retaliate, other than trying to defend himself. I'm happy to say the police responded quickly and arrested the shoplifter.
 

miami

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One would have to ask why the security guard didn't have a mobile phone to call 999 himself?

Arctic- there is case law that a tap on the shoulder with a truncheon isn't battery, so I find it a stretch that by hand would be. I too would find it very rude and quite possibly put me into a wary aggressive posture, and that's how things like taps on shoulders can escalate dramatically, but in themselves they aren't illegal.
 

Tetchytyke

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Arctic- there is case law that a tap on the shoulder with a truncheon isn't battery, so I find it a stretch that by hand would be. I too would find it very rude and quite possibly put me into a wary aggressive posture, and that's how things like taps on shoulders can escalate dramatically, but in themselves they aren't illegal.

The case law involves police officers. The issue is "unlawful physical contact"; police officers are permitted by law to be a lot more robust than lay people are.

Nobody in their right mind would prosecute about a tap on the shoulder, it wouldn't pass the public interest test for one thing, but even relatively minor physical contact (e.g. patting a stranger's bottom) is battery and can be prosecuted.

Busaholic said:
I'm a shopkeeper. If someone walks into my shop, picks an article up and walks off with it, with no attempt at concealment, the law does not allow me to physically apprehend that person in any way, even a tap on the shoulder.

If you've just seen the person commit an offence, then the law permits you to use reasonable force to arreat that person.

The issue normally is that people don't always use reasonable force.

As for the security guard, employers will often have policies in place that says security guards should avoid the use of physical force. That's a policy not law and is usually there to protect the security guard from getting a kicking.
 
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