DIY justice
Question
I was recently accused of shoplifting an item worth £4.50 whilst purchasing £50 worth of electrical goods. The item was in my hand with my car keys and I genuinely forgot it was there until I was approached by security who had seen it on CCTV. I wanted to pay for the item but the police were called and I was fined £80. I have since been billed by retail loss prevention on behalf of the shop for £65 and barred from all of their stores - it's so humiliating.
I thought the law said that I was only shoplifting if I didn't have the money to buy the goods. I have never stolen anything before and have no criminal record.
Answer
Guilt of theft is not affected by whether you have enough money to pay. See the Theft Act 1968 (pdf): "A person's appropriation of property belonging to another may be dishonest notwithstanding that he is willing to pay for the property."
It sounds as though the shop took action against you through a civil recovery scheme. These schemes allow firms to go through the civil courts to get compensation and enable them to claim for management time and security costs when dealing with someone who has stolen something. This process is faster than going through the criminal courts.
If you do not agree to pay the amount being claimed by the firm they may decide to take further legal action to enforce the debt. This would increase the amount of the debt, as charges would be added.
If you want information on defending civil court action you can contact your local Citizens Advice Bureau (CAB).
Updated: 04/12/2007
Question answered by CAB
