Assault in supermarket

[LD_DOLL1611]

My brother was accused of shoplifting in a well known supermarket on Friday evening. He was knocked to the ground by a male (quite heavy built) member of staff (not a security guard) and is now in severe pain with a twisted back, hip and knee. He is also very badly bruised all over his hip.
Does anyone know if he can take action against the supermarket in question.
They did call the police but my brother was let go without charge.

[exdc]

It can be slightly confusing because you do have permission to appropiate property before PAYMENT is some circumstances but there are separate offences for this like fuel stations, Making Off Without Payment etc.

[exdc]

Spot on Eddie, 'Intent' is the key matter, as in some of the 'specific intent' offences, such as certain GBH assault offences etc and the intent required in theft can be hard to prove beyond a doubt which is reasonable hence some times easier for security guards to let a shoplifter leave the premises which is a good indication that a suspect intended to permanently deprive the other of it.

[Andyvon]

The old adage is quite true that there are always two sides to every story - and hidden somewhere down the middle is the truth. The actual facts of this case certainly seem to be very much hidden in the middle.

[askyourgran]

I agree with EDDIE exdc, the man hadn't left the premises, he was making his way to the cigarette counter to pay there. Unnecessary force was used by a member of staff to stop him, and he has the bruises and sprains to show for it. The Police have not found anything untoward about his behaviour, therefore he has every right to take action against the Supermarket. Btw if someone leaves a filling station without paying all you will see is exhaust fumes. Usually they'll have a number recognition plate to be able to catch up with the felon in cases like that.

[exdc]

Askyourgran, on the info disclosed the poster has every right to make a formal complaint of unlawful assault (however, I have yet to read the full thread) and I will try and assist the poster later or tomorrow. My point is that the member of staff does not understand 'theft'.

[Barmaid]

Sorry, but exdc has got it spot on. A suspected shoplifter does NOT have to leave the store in order to be charged with and convicted of theft. This is another urban myth.

I've seen all the comments about store staff being properly trained - however, irrespective of his proper training, he could well have mistaken the OP's brother for a prolific shopkeeper or reasonably believed that the OP's brother was in the process of committing a crime.

Unfortunately, the devil is ALWAYS in the detail in these cases. Whilst it might appear that a serious assault has been committed, the question of reasonable force will come into it. The supermarket worker may not have intended to bring the OP's brother to the ground, may have tripped etc. ON the other hand he could have been looking to be a hero.

From what we see on the posts here, we are never going to get the fullest picture.

The advice that has been given, eg, get the CCTV and see a solicitor is the best that can be given under the circumstances.

[welshlibranr]

but, was he shoplifting or not!....if so, he deserved to be stopped, not violently of course, but this must make a difference!................

[welshlibranr]

Eddie, thanks!.....

[factor-fiction]

Hello LD_DOLL1611.
This was a worrying case and I was wondering whether you could update us on it. Thanks

[LD_DOLL1611]

Just to let everyone know who tried to give me advice on this....... We got a solicitor and cctv cameras were checked and the member of staff involved was totally in the wrong .....We have since been sent an apology and told that the staff member has been dealt with in accordance with company policy.
My brother is still scared to go shopping.

Many thanks to everyone who tried to help.