Is this shop lifting?

If you do not adhere to store policy (as long as it is shown somewhere in store), could she not then be charged with trespass? Maybe then the guard is within his right to ask her to leave?

Trespass is not a criminal offence.

Until she has made payment to Tesco for the banana and Tesco have agreed to the transaction, it is still property of Tesco, so by eating it, she could be charged with vandalism or destruction of private property.

Criminal damage is destruction of property without lawful excuse, intending to buy something is a lawful excuse.
 
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Not read the thread, but meh...I've seen people pick at their bunch of grapes while they are in the trolley...However, I don't think that should even be allowed, I've heard of people eating chocolate bars etc around the shop then paying for them later.

It's just daft, if you are hungry as she stated, pay for the damn thing, then carry on. I'm sorry but, you've been stopped by the security guard, and YOU have asked to see the manager...only to then say 'can I carry on shopping until they turn up', ummmmmmmmmmmm NO!

Stupid woman

Unless she doesnt intend to pay its not really theft. Cant see a problem with it personally as long as she does pay and it doesnt cause any extra work for the staff. Not something i'd do though.

Yes I'll just carry this LCD around the store and attempt to walk out...oh hang on, it's not theft though as I never made it out of the store!!!
 
She was clearly in the wrong, but the security guard was also clearly being a trumped up little so-and-so. He could have just said "excuse me, miss...." and explained the law. Would the store really want to risk losing the thousands of pounds she spends with them over the years (assuming it's her usual store...) for the sake of a banana?

As people have mentioned though, maybe he WAS being more polite than she made out, and she's just being a bitch.

six of one, half dozen of the other, etc, etc.
 
She was clearly in the wrong, but the security guard was also clearly being a trumped up little so-and-so. He could have just said "excuse me, miss...." and explained the law.

Most people wouldn't have listened to a word he said if he was like that. You have to be somewhat direct and a little forceful as typically the general public are ******* morons with their own set beliefs/opinions and who typically believe that they are a) better than you and b) absolutely right.
 
Most people wouldn't have listened to a word he said if he was like that. You have to be somewhat direct and a little forceful as typically the general public are ******* morons with their own set beliefs/opinions and who typically believe that they are a) better than you and b) absolutely right.

Wow....the irony in that statement. You realize that's exactly what most people think about security guards, right?

Hence the problem in this story, I guess.
 
Joining this thread late, but I do this all the time.

Whenever I get back from the gym or a long cycle I often go straight to my local Coop and as well as buying a few other bits drink a can of coke as I shop. Pay for it at the till (and they bin it for me!) and nobody's ever said anything.
 
Because they are only inviting you in if you adhere to store policy on behaviour and things like clothing.
Once you stop adhering to policy, they are not inviting you to stay.

What has that got to do with English Law?

If they threw you out and you went back in and stole something you wouldn't be committing burglary would you.
 
What has that got to do with English Law?

If they threw you out and you went back in and stole something you wouldn't be committing burglary would you.

I didn't say it had anything to do with law, and no it would not be burglary, it would be theft and trespass, but only the theft would be criminal.
 
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