Rights when accused of shoplifting?

If the employee hasn't seen you take anything then they don't actually have the right to search you if you refuse (and nor do the police I've been told)
But if you had've refused in that instance they'd probably have called the police after you walked out to stop you and ask to search you which would've been more embarrassing/time consuming
Did they say why they suspected you?

Any citizen can perform a citizens arrest however that is a mighty troublesome action so for instance a security guard will simply "request" that you come with them usually in a way where if the words were read back in court it would seem like a question but their manner when saying it (moving close and between you and the door) makes it seem more like a demand. If they do perform a citizens arrest on you and it is then discovered you did nothing wrong then you can take them to court however usually an out of court settlement is agreed upon unless they could prove they had considerable evidence that you were up to no good. Never underestimate the perception of power and intimidation, the amount of times the police simply ask to do something and people just agree is staggering.

If they tried to perform a citizens arrest on you and get physical then technically you could perform a citizens arrest on them (especially if you know you have done nothing wrong) for assault and providing you can overpower them it would be completely legal.

Any citizen can perform a citizens arrest however that is a mighty troublesome action so for instance a security guard will simply "request" that you come with them usually in a way where if the words were read back in court it would seem like a question but their manner when saying it (moving close and between you and the door) makes it seem more like a demand. If they do perform a citizens arrest on you and it is then discovered you did nothing wrong then you can take them to court however usually an out of court settlement is agreed upon unless they could prove they had considerable evidence that you were up to no good. Never underestimate the perception of power and intimidation, the amount of times the police simply ask to do something and people just agree is staggering.

If they tried to perform a citizens arrest on you and get physical then technically you could perform a citizens arrest on them (especially if you know you have done nothing wrong) for assault and providing you can overpower them it would be completely legal.

Most would comply to show their innocent
but there's meant to be six steps to approach a thief (not not many actually go by them)
Usually people get approached if they've been acting really suspiciously, took something off the shelf and didn't appear to put it back/but it, looks like they've concealed an item..
I've heard the store are not meant to go off customers telling the shop about a potential thief but shops often do
If the employee hasn't seen you take anything then they don't actually have the right to search you if you refuse (and nor do the police I've been told)
But if you had've refused in that instance they'd probably have called the police after you walked out to stop you and ask to search you which would've been more embarrassing/time consuming
Did they say why they suspected you?


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They do not have any right to search you, only the police do. They can however detain you until the police arrive if they feel a law has been broken.

Great thing about that us though technically they only have to lay a finger on you and theyre guilty of assault

I was thinking about it as an interesting point, since, today, as I was going to the cashier to pay for some items, I was confronted by a worker and asked to present the content of my pockets - my first reaction was obviously anger, but since I actually knew I was innocent and was short for time, I complied and that was that.

HOWEVER, I don't find myself being comfortable with shops reserving the right to essentially search people, and hence was wondering if anyone had an insight into what anyone potentially accused of shoplifting actually has a right to. I believe I did have a right to refuse showing my pockets (as it was my word against the employee's), but they can then of course call the police, and here it gets murky as, surely, I could just walk out [while they call the police] otherwise they're basically assaulting me if they try to stop me?

Most of this is hypothetical as most people would be content enough, I suppose, with showing that they are innocent by providing their bag/showing their pockets or so on, but I find this quite disgusting personally, and I was not even provided an apology for the inconvenience which just makes me more angry, especially considering as their 'consolidation' was stating that I'd be surprised at how many people my age do shoplift, which is an awful case of stereotyping.

Any advice?

I think you mean I have a right to defend myself if they try to do a citizen's arrest on me and claim self defence in court, which I agree.

No, well yes you can defend yourself but you can actually perform a citizens arrest on someone attempting to perform a citizens arrest on you then call the police and have them arrested and possibly charged for assault if it is determined that the initial attempt at a citizens arrest was without good cause or suspicion.

There is no compulsion on your part to allow this. You don't have to allow any member of staff or security to search you.



You can refuse, and then the ball is in their court. They can either restrain you, or let you go until the police arrive. However, because if they restrain you and you are later found to not have stolen anything, that is an assault, and it would be very easy to sue, so they will only do this if they are 100% sure.

That is why store security will sometimes try it on, but unless they have cast iron proof - i.e. CCTV or you are being restrained by the guy who did actually see you with his own eyes, they won't push it if you refuse.

Note that a simple anti-theft alarm sounding is not grounds to restrain/search you. They can write as many signs reserving all the rights they like, it has no basis in law whatsoever.



If asked if they can look in your bag or to turn out your pockets, simply say 'no' and leave the store.

I'm not so sure about this - they have a legal right to detain me on the word of an employee, without ANY other proof at all?

What if someone else performs a citizen's arrest on me attempting to do a citizen's arrest on someone who attempted to do citizen's arrest on me in the first place?

Well it's already kind of been covered but yes the employee who believes he saw you can detain you and call others to his aid if need be. But if it turns you were innocent you could sue. This is why they normally only detain if they are 100% sure.

I see; fair enough. Just seems very difficult if you consider it from the shop's point of view, as an employee could very easily mistake someone actually shoplifting and be 100% sure and suddenly they're in court getting sued.

Which is why we don't normally bother. I'm not putting myself in a position of getting sued over stuff that's worth very little. The only time we've ever detained someone was when multiple staff saw them and we had it on cctv.