NSW Coles Trespass notice

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Roadkill

Member
11 October 2019
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Hi.

I just received a 12-month trespass notice from Coles because I didn’t realise I had a $2 item hiding in between my reusable bags. As I left the store after paying for my other items, a guy flashed a badge (I assumed he was a police officer) and he questioned me about it. I walked in the store with him and was unsure what he talking about.

I searched through my reusable bags and realised the $2 unpaid item was in there. I of course panicked and then he asked for my ID and the item. A lady asked me to follow her in a room. I didn’t know what was going on. We had to wait for the man to come back and they told me that the item was $2 and that I have to sign a trespass notice.

The man or woman didn’t ID themselves and then they told me that they would get the police involved. I signed the form (as I wasn’t sure and scared that police would be called) and left. I was apologetic and had no idea the item was in my bags. Is there any way I can fight the trespass notice or not?

Thank you.
 

SaulGoodman

Well-Known Member
11 March 2019
19
1
74
The company that has the contract for covert loss prevention with Coles is Asset Shrinkage Solutions. I worked for them many years ago while I was at uni. They don’t enforce those notices, although they could if they wanted to. I never seen anyone charged with trespassing while I was there anyway. You could always argue the point with Coles management, hard to say how you would go, it would be a discretionary decision on the part of Coles management I would imagine, we were never involved in those kind of decisions anyway.
 

SaulGoodman

Well-Known Member
11 March 2019
19
1
74
You can refuse but they loss prevention officer may also place you under citizens arrest for theft, at least in WA anyway.
 

457Visafraud

Well-Known Member
16 April 2017
115
4
389
You can refuse but they loss prevention officer may also place you under citizens arrest for theft, at least in WA anyway.
I think it was unlawful to take the person back in their office because they could simply ask the customer to search through the bags, item found, it was a distraction, no need to show any ID, ok goodbye.
It just takes a little of humanity because there are crimes for which dishonest people don't pay for.
Still not happy these low level of living flesh even made a formal procedure like the customer stole $1,000.
These guys are so bored that finally they could show how good they are to their migration hiring boss.
 

Scruff

Well-Known Member
25 July 2018
902
133
2,389
NSW
Something to always remember - Police are required to identify themselves as Police officers.

These wannabe cops in shopping centres who flash badges or ID's without identifying themselves are never Police.
 

SaulGoodman

Well-Known Member
11 March 2019
19
1
74
I agree, however it is the same procedure whether it is one item for two trolleys of items.

I meant to say I agree with the ‘humanity’ part of your comment but it wasn’t unlawful.


Something to always remember - Police are required to identify themselves as Police officers.

These wannabe cops in shopping centres who flash badges or ID's without identifying themselves are never Police.

Incorrect, see, for example, Criminal Investigations Act 2006 (WA) s 11. Also, they are not required to identify themselves for a citizens arrest and it would seem pointless to identify yourself in circumstances where you wouldn’t be exerting any authority beyond that of any other citizen. The whole point of police identifying themselves is to ‘identify’ themselves as a person with authority.
 

457Visafraud

Well-Known Member
16 April 2017
115
4
389
Incorrect, see, for example, Criminal Investigations Act 2006 (WA) s 11. Also, they are not required to identify themselves for a citizens arrest and it would seem pointless to identify yourself in circumstances where you wouldn’t be exerting any authority beyond that of any other citizen. The whole point of police identifying themselves is to ‘identify’ themselves as a person with authority.
I think there are some contradictions here, the "contractors" don't have to show their ID but Police does? It sounds funny to me.

The contractors have in some circumstances the ability to arrest someone which was not the case of the OP because he/she was cooperative (too much).

The OP had NO duty to follow the contractors in their office and show the ID, the OP had no duty to sign a trespass notice so these champions of Laws took advantage of a person who is not aware of her/his rights.

I would like to know how these feral contractors would forcefully take me back in their den and force me to sign something I don't want to. That is simply illegal!

If I were the OP, I would contact current affair and ask them to show to all Australians that Coles arrested me for something valuable $2 that I forgot somewhere in the bags and not enough Coles even sent me a formal remind!
 

SaulGoodman

Well-Known Member
11 March 2019
19
1
74
I think there are some contradictions here, the "contractors" don't have to show their ID but Police does? It sounds funny to me.
The contractors have in some circumstances the ability to arrest someone which was NOT the case of the OP because he/she was cooperative (too much).
The OP had NO duty to follow the contractors in their office and show the ID, the OP had no duty to sign a trespass notice so these champions of Laws took advantage of a person who is not aware of her/his rights.
I would like to know how these feral contractors would forcefully take me back in their den and force me to sign something I don't want to. That is simply illegal!
If I were the OP, I would contact current affair and ask them to show to all Australians that Coles arrested me for something valuable $2 that I forgot somewhere in the bags and not enough Coles even sent me a formal remind!

You’re correct in your summary of who has to identify themselves and when. Until you find me a law that says loss prevention officers must identify themselves your comment has little to no merit.

I suggest you have a look at how and when citizens arrest can be performed and then decide for yourself if it would apply in these circumstances, I think you will find it does despite the fact the OP was compliant.

OP was under no obligation to sign the trespass notice, although a failure to do so might have seen Police called and charges laid against OP for theft. OP might have been able to argue mistake in defence of the charge however no matter what way you cut it, the elements of the offence were satisfied.

I agree it is unfair and I don’t doubt it was a misunderstanding on OP’s part, especially with the plastic bag ban resulting in more people using reusable bags etc.
 
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