I use the example of a young man twice wrongly profiled as a “shoplifter” to discuss the rights of innocent shoppers who are assaulted/ detained by security guards and how you can win damages if this happens to you.
This week’s blog post addresses misbehaviour in the un- policed world of private security; where the hunt for “shoplifters” all too often results in vigilante in-justice being meted out to innocent shoppers.
Both of the examples given below befell the same person, who I suspect was wrongly targeted because of his age and appearance. To Security Staff that age-old cry of corrupt law- enforcement: “Round Up The Usual Suspects”: generally means – give the youths in “hoodies” a shakedown.
Asda: Assault & Detention by Security Guard
In the first incident, in November 2023, my client Connor, then 17 years old, was shopping in Asda at Trafford Park, Manchester.
On his way to work, he called into the store to purchase some chocolate, which he did from a cashier operated till, paying with his phone. Having done so, he made his way through the exit, carrying the chocolate bars in his hand, with his hoody up and his ‘ear bud’ headphones in as he was listening to music.
Connor was about halfway across the foyer when, without warning he was confronted by a man of Asian appearance, dressed in black. Although it is now known that this man was an Asda security guard, my client at first thought that he was being mugged and turned away as the security guard lunged towards him.
The guard grabbed Connor’s right arm and the back of his jacket and shouted, “Criminal”. His actions caused my client to drop some of the chocolate bars on the ground, and the guard then seized the other chocolate bars from Connor, and held them to his chest, whilst maintaining a grip on the boy’s arm.
Connor and the Security Guard then wrestled with one another, as my client sought to retrieve his goods, the guard shouting “Get out criminal” several times. Connor broke away, took his mobile out of his right sided pocket and began to record what was happening.
In a classic bad cop – or ‘wanna-be’ cop move – the Security guard now tried to grab my client’s phone, lunging at Connor and striking him in the face whilst doing so. Literally adding insult to injury, the guard’s repeated accusations “You are a criminal!” were causing other shoppers to pay attention and naturally causing Connor a great deal of shame and embarrassment.
Faced with Connor’s insistence that he had paid for the goods, the Security Guard asked for the receipt, my client explained that he had just used ‘Apple Pay’ on his phone. The Guard now said, “Go criminal, go” and collected the chocolates that his assault upon my young client had caused to become scattered on the floor.
Connor then walked back into the store to speak to the staff member who had served him. He explained what had happened to him and asked her if she could do something about it. She first went to speak with the Security Guard and then, when she returned, confirmed that Connor could replace the items which the Guard had effectively stolen from him. The Guard himself was unrepentant, however, only complaining to Connor about a scratch which he claimed Connor had caused to his hand during their tussle.
As a result of the incident, my client suffered bruising and discomfort to his right cheek. When he got into work, one of his colleagues asked about the marks on his face, causing him further embarrassment.
Assault by B & M Security Guard
The second incident occurred in February 2024, when Connor was visiting a B&M store in Manchester. He was wearing a black jacket, black cargo pants, trainers and carrying a ruck sack. Was he once again wrongly ‘profiled’ because of his age and apparel?
This time, Connor wanted to buy snacks on his way to an afternoon tuition session at a local college, and unwittingly entered the B&M premises via an open “exit” door.
As Connor walked through the store, he looked in his pockets for his payment card. Upon realising he had actually forgotten it, he decided to leave the store. At no point had Connor touched or handled any goods, as he realised he had forgotten his card before he had picked up any items.
To exit the premises, Connor walked through the till area and out of the main exit. At no time was he approached, spoken to or challenged by any member of staff or security personnel.
Connor walked about 80 yards to a nearby McDonalds, located on the same retail park. Here, he intended to pay for some food using an app on his phone.
As my client was standing in McDonalds, busying himself on his phone, he was suddenly and without warning grabbed from behind by a large bald male. The male did not identify himself but demanded to see inside Connor’s bag. He instinctively refused, as he had no idea who this person was, as they had not identified themselves and had just grabbed him.
As Connor was already holding his mobile phone, he pressed the record button, given the intimidating and confusing situation with which he was now presented. The male replied, “Don’t take a picture of me, you little shit” and continued to demand that Connor open his bag.
Connor attempted to move away, but the male blocked his way to the door stating that he would not allow Connor to leave. The man started to push Connor around, and when Connor asked him to take his hands off him, the man replied, “What are you going do about it?”
All would now become clear, for Connor was, once again, the victim of a “Mall- Cop” with delusions of grandeur and the demeanour of a bully. The man informed Connor that he represented B & M security. Connor replied that he was a minor (he was indeed still only 17) and the security guard replied “I don’t give a fuck”. Connor remonstrated that the man had assaulted him.
Connor decided to leave the McDonalds, without having purchased his food, pursued by the Security guard, who again demanded to see inside Connor’s bag. My client refused but said that if the guard called for the police, he would happily let them search his bag. The Security guard now announced that he had called the police. Although Connor had college lessons to attend that afternoon, he now proceeded back to the B & M store, keen to ensure that the Police got the true story – not a pack of lies.
On arrival, Connor asked the Security guard for his SIA badge details, which the guard refused to provide. Connor then left the store to wait outside for the police to arrive.
Some time later, two marked police cars entered the retail park. The Security guard spoke to a female officer through her open car window. The other police car pulled up nearby.
The female police officer approached my client, who gave his full account and allowed a search of his ruck sack – which of course contained only his college work. The female officer took his details. Two officers went into the B & M store and when they returned a few minutes later Connor showed the officers the video footage of the Security guard’s aggressive behaviour on his phone. The officers’ response? “Take it up with B & M”.
Some time after these events, Connor was contacted by B & M and was informed that the Security guard involved in the incident had been dismissed; I consider that to have been an appropriate outcome, and the aisles of B&M safer for shoppers as a result.
How Much Did Connor Secure for These False “Shoplifting” Accusations?
Following these events, I was instructed by Connor and pursued civil claims against both ASDA and B&M.
I am pleased to confirm that both claims have recently been concluded, with Connor receiving £6,000 damages from Asda and £3,160 from B & M, together with his legal costs.
The Lessons To Be Learned
What are the key lessons to be learned from incidents like this?
- For Shop/ Security staff – That the powers they have in “shoplifting scenarios” are no more than any of us are allowed under the law of “Citizen’s Arrest” and are absolutely dependant on objectively reasonable suspicion that an act of theft is being committed. Prejudiced assumptions based on a person’s appearance are, unsurprisingly, not constituents of a lawful suspicion.
- For Shoppers –
- That even a short-lived detention like those which Connor faced when he was being manhandled by the Asda Security Guard or being blocked by the B&M Security Guard constitute “false imprisonment” for which additional damages will accrue over and above the act of assault/ battery itself and any injuries inflicted.
- And that “An Englishman’s Shopping Bag Is His Castle” as we might put it: Security Staff do not have any of the powers to search a person or their property which the Police are allowed under Section 1 of the Police and Criminal Evidence Act 1984 (PACE) i.e they cannot conduct a “Stop & Search” upon you in any circumstances.
- For All – get the right legal advice from expert specialist practitioners such as myself.
Connor can testify that lightning did indeed “Strike Twice” : But it was ultimately the violent Security Guards and their employers who got the shock.
My client’s name has been changed.
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