mackem1546081304 0 Posted June 24, 2011 Share Posted June 24, 2011 (edited) Hello I am mid-way through my Specials training and have a question I am hoping for some clarity over. I went into my local supermarket and used the self-scan, I missed one item and on the way out was asked for my receipt. I obliged and showed them my receipt. The security guard noted that I failed to pay for the one item. The security then took me to the stores office and issued me with a letter banning me from all their supermarkets. The security guard proceeded to say that I will receive a letter for Civil Recovery where the issue will be taken forward and will have to pay a fine for the £3.25 product that was not scanned correctly. 1. Do I need to notify anyone at the Met about this instance? 2. Will it affect my training/Special recruitment? 3. Do I now or will I have a criminal record for this? 4. Does it get registered somewhere "official" 5. Will my current employer / any future employers be notified of this instance? Many, many thanks. Edited June 24, 2011 by mackem Link to comment Share on other sites More sharing options...
killicksparker 0 Posted June 24, 2011 Share Posted June 24, 2011 (edited) Once the normal disclaimer has been added. Was there any intention to deceive, This is a civil matter and not a criminal matter as the store has decided to deal with it in house. They have not proved the salient points for theft 1. Not unless you want to 2. No 3, No 4. No 5. No IMO Edited June 24, 2011 by Killicksparker Link to comment Share on other sites More sharing options...
mackem1546081304 0 Posted June 24, 2011 Author Share Posted June 24, 2011 Thanks mate. It's quite astonishing how such a small lapse in concentration makes way for hours of research and concern. Link to comment Share on other sites More sharing options...
rmarsh3696 0 Posted June 24, 2011 Share Posted June 24, 2011 Once the normal disclaimer has been added. Was there any intention to deceive, This is a civil matter and not a criminal matter as the store has decided to deal with it in house. They have not proved the salient points for theft 1. Not unless you want to 2. No 3, No 4. No 5. No IMO I have to take a different viewpoint on answer number 1 because I have had some involvement with vetting. The position your entering as a police officer means you have to be beyond reproach and your integrity must be of the highest quality. Think of it this way. If the force were to find out about this and call you in for a quick chat and ask 'Why did you not tell us about this incident? Your response may be along the lines of what you have already said such as it was nothing more than a lapse in concentration, I had no intent of stealing anything, should I have realised Iwould have gone back to the store etc etc. They would then reply with 'Well if it was nothing more than an innocent mistake then why try to conceal it? Do you not think it relevant to tell us that you, a police officer, has been accused of stealing? What if you are recognised by staff at the store when you go out on duty and they notify the force? I know all these are what if's and I'm trying to make you think of the bigger picture but it does not look good, from a vetting point of view, that you have withheld relevant and important information regardless of whether you did it or not. Protect yourself mate and be open, honest and upfront. Link to comment Share on other sites More sharing options...
NewhamSC 136 Posted June 24, 2011 Share Posted June 24, 2011 This is interesting, maybe there could be a fault with the machine, as in my local Tesco if you use the self checkout, and you put something in the bagging area that shouldn't be there, e.g something which hasn't been scanned, it will say 'unexpected item in bagging area' if the item isn't removed in say 10 seconds they won't let you carry on scanning without some assistance from the shop workers! As for your questions I would recommend you tell your supervising officer just so they are aware of it! Link to comment Share on other sites More sharing options...
Juliet Sierra 294 Posted June 24, 2011 Share Posted June 24, 2011 Section 1 of the Theft Act: 1. Dishonestly 2. appropriate property 3. belonging to another 4. with the intention to 5. permanently deprive the other of it. You wasn't dishonest, offence not complete you've done NELT wrong! JS Link to comment Share on other sites More sharing options...
mackem1546081304 0 Posted June 24, 2011 Author Share Posted June 24, 2011 My first thought in joining this forum and posting the question was to confirm what I thought, which was, to be transparent and honest so that it can never be considered something I have 'hidden' or tried to 'cover up'. I will call HR Special telephone line tomorrow or Monday if they're not open over the weekend. Link to comment Share on other sites More sharing options...
oohraa 59 Posted June 24, 2011 Share Posted June 24, 2011 Technology is so unreliable! Link to comment Share on other sites More sharing options...
mackem1546081304 0 Posted June 24, 2011 Author Share Posted June 24, 2011 As is life, but hey, I believe in karma and fortune will swing back my way eventually Link to comment Share on other sites More sharing options...
callsign-kid 1,617 Posted June 24, 2011 Share Posted June 24, 2011 You haven't committed theft. Your appropiration was not dishonest and you had no intention to permanently deprive namely because you didn't know you were. I'm sure had you have found your error later you would have come back and corrected it. The fact that they did not call police to have you arrested/PNDed is very telling. As I'm sure they know a police officer would just apply some common sense. In terms of civil recovery they surely can only charge you the £3.25 as that is their maximum possible loss as per dunlop pneumatic tyre v new garage motor co I believe it was. Again surely you could have simply been charged that there and agreed to have paid and let that be an end to the matter. It seems like a very honest mistake (no thief pays for everything bar one item which is of low value) and one which store security have blown out of all known proportion. You don't have a criminal record because of this. Civil recovery is just that, civil not criminal so you won't have one. I would however notify someone in the Met about this, HR I suppose. I don't see that it will affect your career. Its pretty obvious what has happened. Keep the receipt so you can say "here is everything I paid for, this is the item I forgot to pay for." Again no employer will be notified of this. It wouldn't show up on a CRB because it isn't criminal. If they want to ban you from the store or all of their stores, that is up to them. If you went to a different store where they didn't know you and did a shop I'm sure they'd still gladly receive your money. Link to comment Share on other sites More sharing options...
azzy + 6 Posted June 25, 2011 Share Posted June 25, 2011 If the situation is as described, then it sounds like highly dodgy shopkeeping to me. I manage a large chain shop, and have had civil recovery training. Were you given any option to pay at the time for the goods, and did the guard do anything to force you into complying or suggest that you had no choice but to comply. If they did, then it could be unlawful arrest (false imprisonment). Were you stopped within the shop or beyond the door to the shop? Civil recovery is not a "fine", it is he company seeking compensation by suing you. A solicitor will act for the company and give you an offer to settle out of court, which will include the cost of the goods plus a proportion of store security costs. If you don't settle, their only option is to take you to the county court. They would then have to prove that you purposefully or negligently caused them a loss on the balance of probabilities (greater than 50:50). If you are genuinely innocent, call head office and explain it was a mistake. Offer to pay for the item and say that you were not given that chance at the time, and that you honestly believed you had paid for all the goods along with the others. Staff can be VERY lazy when monitoring self service. My advice to anyone is to check that each item has appeared on the screen, especially if an alarm goes off that is cleared by a cashier, often remotely. I won't go in to all of the security features, but they are not fool proof and rely on staff to pay attention and make the decisions. Link to comment Share on other sites More sharing options...
Guest Posted June 25, 2011 Share Posted June 25, 2011 Our standard disclaimer: This forum is not intended as a legal advice drop-in centre. PoliceSpecials.com disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, operability or availability of information or material on this site, including - but not limited to - the documents available in the 'Reference Library' and 'Downloads' areas. Please note that comments and advice given here with the best of intentions by the host, moderators or other users of the forum may not be correct, and that any advice given, in particular advice on the law and its application, is no substitute for personal legal advice from a solicitor. This isn't a scenario, you are asking for advice re a legal matter. Moving to 'Help Me'. Link to comment Share on other sites More sharing options...
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