NSW Caught shoplifting - can they take further action?

Discussion in 'Criminal Law Forum' started by Alinepenthorn, 2 January 2019.

  1. Alinepenthorn

    Alinepenthorn Member

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    I was caught shoplifting and I was willing to pay for what I hadn’t payed for (they asked to check my bag and I obliged) but the employee asked for my ID and address and I refused and then they said they’d call the police and one of them went to the phone and called someone so I got scared and said I’d just take what I had payed for and leave. They told me not to go back there, they had cameras. Obviously I won’t be going there anymore. Can they take any further action? The shop was inside a mall, am I also banished from the mall or just the shop?
     
  2. Scruff

    Scruff Well-Known Member

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    1. If they don't have your details then it is highly unlikely that you will hear any more about it.

    2. By the sound of it, you were caught by an employee of the shop. That means that they can ban you from the shop itself, but they don't have any power to act on behalf of the mall. So my guess is that you are banned from the shop but not the mall. If you were caught by security guards employed by the mall, then that would be a different story.
     
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  3. Adam1user

    Adam1user Well-Known Member

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    No other action will be taken, you obliged for their requests and paid for the items. You are banned from their shop. They don't have your details but they do have your photo (cameras). Legally, that is all they can do. Behind the walls, your picture is taken (If the cameras were working) and they could distribute it with the people they are interested with/friends with in the mall or other.
    Legally you can go back to the shop, I said legally, but you will be watched like a eagle! and you have to be careful in other shops as they could distribute your picture.
    Their aim is to prevent shoplifting.
    Don't do it as it is not worth the hassle and you can damage your life with it.
     
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  4. Alinepenthorn

    Alinepenthorn Member

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    Thanks for answering guys. No one followed me as I left the mall and I’m guessing they called security and not actually the police but I didn’t talk to any security guards, only the shop’s employees. You’re right, it’s not worth it so definitely not doing it ever again.
     
  5. DMLegal

    DMLegal Well-Known Member

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    In my view you could be considered trespassing if you visit the store again. You have been explicitly told not to return. While the store is accessible to the public it is not public property like a park or street.
     
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