A little bit about me so you can know who I am: I have been working as a main control room security officer since 2017 for companies that have a large portfolio of protecting various residential and commercial properties all over Australia. My job duties and responsibilities are to act on behalf of the company that I work for and take decisions in the best interest of the client’s premises. Generally speaking, I gained experience working for an organization that has been in business for more than 25 years. It is through their years of experience that they learned through hardship and they had to teach me everything so that I could act according to their standards.
Retail businesses that hire one or more security personnel have various reasons why they require security, but the most common reason is to prevent stealing. Today, I would like to enlighten you on this issue.
Most of the clients or their staff who think that hiring one or a few security officers will 100% prevent theft will be disappointed with this article. Yes, the graph of theft will come down and, in some cases, significantly, but there are legal boundaries that the security officer has to oblige before he can act on the instruction of the client. The very common issue that I come across is store staff or managers demanding security to search or detain the customer who they think or witness that may have shoplifted their property. Please check Crimes act 1958 sect 71, 72, & 73 to understand better what stealing is or check out the link below page numbers from 191 to 207: 58-6231aa292 authorised.pdf (legislation.vic.gov.au)
In this instance, the first thing the security officer will do is approach and try to engage with the customer to see if they may have unintentionally taken the goods and maybe after realizing, they may pay or return unpaid merchandise to the store. This is the first procedure that security officers will perform rather than jumping to conclusions and accusing them, as in some cases, people may keep the unpaid merchandise hidden unintentionally. If a customer states that they have no unpaid merchandise, then the security officer can demand a bag check or the object (that may be a potential for hiding the unpaid goods) checks, and if the customer consents, the security officer can only look at the items without touching any of the content, and if things need to be turned or flipped, ask the customer who may do it so through the check can be done. But if a customer refuses a check, the security officer has no legal right to check them, and if the search has been forcibly conducted, then the organization is liable for assault and several other charges. Please refer to the link below to better understand the retailer’s legal rights, duties, and responsibilities: Bag search policies – Consumer Affairs Victoria
Considering the legal aspect and business reputation, security officers will treat every customer fairly and with respect, regardless of what they have acted. This action will avoid conflict if it was a genuine mistake. Most of the unpaid goods will be retrieved back without affecting the unpleasant situation, and at the same time, the security officer is fulfilling the obligation of clause of sect 462A and avoiding getting into a legal lawsuit.
If the shoplifter refuses to cooperate, then the only option left is arresting the person, but before making an arrest, the risk and threat need to be accessed to avoid danger to other customers and employees. Accompany shoplifters to safe areas away from hindrance. If the offender refuses to cooperate, then proportionate force needs to be used. Security officers can’t hold or detain a shoplifter even if the offender commits an indictable offense, if the security officer is not a witness to the offense, please refer to CRIMES ACT 1958 – SECT 462A:
As per Sect 462A, a security officer who was not a witness to the offense cannot act on staff or manager instructions to arrest the offender. However, security can assist the staff or manager in effecting the lawful arrest of a person committing or suspected of committing any offense. It is important to note that although Sect 462A mentions “suspected of committing any offense,” this phrase is legally contradictory, and there are many legal technicalities to consider. Arrests simply cannot be made by using this part of the sect.
Further, even if a shoplifter has been legally detained, the law does not permit anyone to search them, except in very few circumstances, such as if the offender is carrying a lethal weapon or bomb. Additionally, under no circumstances should the detainee be left unattended, for several reasons, including the disposal of stolen goods, avoidance of escape, and duty of care. The best course of action is to wait until the police arrive, and until then, the offender’s safety and wellbeing are the utmost responsibility of the person who made the arrest. However, at any point, if the situation changes and the detainee needs to be released, feel free to do so.
Before acting on the above statement, several points should be considered.
- A minimum of two security officers is required for one offender if physical force is required to make an arrest (in the instance the offender resists).
- The use of force must be proportionate as per Sect 462A (force does not only mean muscle; an action taken in a situation is also considered as force).
- After investigation, if the police find no issue and press no charges against the shoplifter, the detainee is entitled to file a lawsuit, and the organization is at risk of a civil claim for damages for false imprisonment.
- Any premises that do not require permission or a building pass to enter are considered a public invited place. In this scenario, a security officer cannot stop anyone from entering the business, even if the person has committed an offense at the premises and is returning the next day unless the business has an intervention order against the offender or there is a breach of the entry condition.
- Consider banning problematic patrons.
There are several ways to mitigate the risk and threats according to the situation. To find out more, please give us a call to discuss appropriate options.