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Shoplifting
What is shoplifting? What are my rights if I am suspected of shoplifting? Legal Defences What can happen to you if you are caught Shoplifting? 17 years and over Between 14 and 17 years old Under 14 year olds A Few Things to Think About There are also some other costs... Further Help
What is shoplifting?
There is no criminal offence actually called 'Shoplifting'. When people talk about 'shoplifting' they are really talking about a type of 'theft', which involves taking something from a store or shop without paying for it and with the intention of keeping it.
Shoplifting is sometimes called 'ripping off' or 'five finger discount'. Another crime sometimes committed in stores is changing the price label on goods in order to get them for a lower price than that on the goods. This is also illegal.
What are my rights if I am suspected of shoplifting?
Shopkeepers and store staff can look inside your bag in a shop only if you agree to this. Sometimes there is a sign at the entrance which says you can only enter if you agree to your bag being searched if asked. Entering the shop is seen as your agreeing with this condition, but they still cannot forcibly search your bag.
Shopkeepers have the right to ask you to leave your bag outside and can ask you to leave at any time.
A shopkeeper who suspects you of having stolen something can approach you once you have left the shop and ask you to return to the shop. You do not have to do so.
If you have an item you can hand it back and say " I must have forgotten".
If you leave the shop with goods you have not paid for this does not necessarily mean you are automatically guilty of theft. You might have taken something by accident.
For a prosecution to succeed the Police must prove that you had a dishonest intent (that you meant to take the goods without paying for them). If you forgot to pay there is no dishonest intent and no crime has been committed.
But, if the shopkeeper or security person says you were seen acting suspiciously or hiding something or if you lied about having put goods in your bag the court might think you were being dishonest and that you meant to take the goods.
If approached by a store detective or shopkeeper you may calmly walk away, do not run, as this may look as if you have something to hide.
There are two times when a shopkeeper, security guard, or shop detective can arrest you. This is called a citizens arrest:
Shopkeepers have no right to physically hold you or drag you back to the shop to hold you until police to arrive if you don't fall into any of these two situations. If kept at the shop without your consent you may have the right to sue for damages for false imprisonment and assault if you were not doing anything wrong.
While the shopkeeper is not able to physically hold and detain you if you don’t fall into one of these situations he or she may follow you and alert the Police (perhaps contact the Police on a cellular phone while following you). The Police can stop you, arrest you and after you have been arrested search you.
If you agree to go back to the store with the shopkeeper, without them making a citizens arrest you can change your mind and leave at any time. The shopkeeper cannot lock you in a room or physically hold you there till the police arrive.
Once the police arrive they can only search you or your bag if they arrest you or you agree to being searched.
Shoplifting is theft and the officer will be able to arrest you on the spot, without a warrant, if they have good reason to think you stole something.
Legal Defences
You can plead not guilty to and defend a shoplifting charge if:
If you believe you may have a defence you should speak to your youth advocate, duty solicitor or a private lawyer.
If you were suffering from some medical condition or mental illness (e.g. deep depression or a compulsive condition sometimes called kleptomania) so that you did not really know what you were doing it is good to tell the Police and tell your lawyer, duty solicitor or youth advocate as soon as possible.
What can happen to you if you are caught Shoplifting?
17 years and over
If you are 17 or over it is the policy of almost all shopkeepers to inform the Police, and the Police will generally prosecute. You will go to the District Court and if found guilty you will probably be ordered to pay a fine ($100 - $500 or more depending on your means and the value of the goods taken) and court costs. If the object stolen is worth less than $100 you could also go to prison for up to 3 months; if the object stolen is worth between $100 - $300 you could go to prison for up to one year. If it is worth more than $300 you could go to prison for up to seven years.
Aggravated assault - If you are shoplifting or are intending to shoplift you should be careful not to knock someone or push them out of the way so you can get away because you could then be charged with aggravated assault. If found guilty you could be fined and go to prison for up to 3 years.
You can apply for a discharge (to be let off) under section 19 of the Criminal Justice Act if you plead guilty or are found guilty but the offence is trivial and the consequences to you of a conviction would be out of all proportion to the seriousness of the offence. For example if you took something worth very little and would lose your job if you were convicted.
A discharge under s19 is seen to be an acquittal but you may be required to make a payment towards the costs of the prosecution. Speak to the duty solicitor at court.
If you have had no previous convictions and the offence is not too serious the Police will generally agree to you being dealt with under Diversion Scheme.
This scheme is run by the Police to divert first time offenders from the criminal justice system. It involves making an appointment with a specific senior police officer at your local police station. The Police officer will discuss your offence with you and why you did it. S/he will give a penalty such as a letter of apology, community work, a contribution to a particular charity etc. You will not end up with a criminal conviction on your record. You will normally only be allowed to get diversion once. For more information on diversion see our "Diversion - an alternative to conviction for first offenders" information sheet.
Between 14 and 17 years old
If you are under 17, and this is your first offence you will usually be given a warning on the spot by the Police. The Youth Aid section of the Police may tell your parents and your name will be recorded. This is not a conviction and you will not have a criminal record. The Police have to destroy your details 2 years after you turn 17.
If you agree that you stole something the Police may decide to take the matter further if it was a serious offence or you have been caught before. They will call a family group conference (FGC). This will involve you, and members of your whanau, aiga or family group, the victim of the crime (the shopkeeper), the Police and Children Young Persons and their Families Service. You will all decide how you should be dealt with.
It may be decided that you must write a letter of apology to the shopkeeper, pay some compensation or do some community work such as spending a weekend working for the shopkeeper or for a charity.
If you are between 14 and 17 and have a history of offending, the Police may decide to arrest you and charge you with theft. You will have to go to Youth Court.
If you agree that you stole something it will be agreed at the FGC how you will be dealt with and a report made back to court. If you deny that you are guilty there will be a defended hearing at the Youth Court. A lawyer called a ‘Youth Advocate’ will represent you. If you are found guilty the Judge will order a FGC to decide what penalty you should get.
The Judge will not decide what to do with you until s/he has heard what was recommended at the FGC. If the Judge agrees with the recommendations of the FGC and you do everything it has been agreed you are to do, the charge of theft may be dismissed. If the Judge disagrees with the recommendations of the FGC s/he can order another penalty.
Under 14 year olds
If you are under 14 you can not be arrested or charged with shoplifting. Children, Young Persons and their Families Service may become involved and may call a FGC if worried about your behaviour.
A Few Things to Think About
Shoplifting is a crime. If you are caught, prosecuted and convicted and you are over 17 years old you will have a criminal record. A conviction for theft may make it harder for you to get a job - especially if the job involves handling money.
You can get caught. In 1996 19,493 people were reported shoplifting and 15,162 (77.8%) of them were caught.
There are also some other costs...
With a criminal record you may be refused a visa to enter some countries. Your travel plans could be affected if they find out you have been convicted of shoplifting.
In 1990 it was estimated that shoplifting cost shops up to $350 million a year. Who pays for that? You and I do because the shopkeepers put up their prices to cover those loses. $350 million works out to be over $100 dollars for every New Zealander.
An item selling at $1 may represent a profit of 25c for the shopkeeper. If that item is stolen the shop must sell another three just to recover the value of the stolen item, before the shopkeeper has made any profit at all.
Shoplifting may be the reason for a business going bankrupt. This means that it can cost you or someone you know their job. It can also make it harder for you to find a job.
Once you have been caught shoplifting, that shop may try to ban you by giving you a Trespass Notice to stop you going back there. It is not always legal for these notices to be served and sometimes the shopkeepers do not follow the correct procedure.
If you get arrested and taken back to the Police station, the police will normally issue what is called a ‘trespass notice’ which means you will not be allowed back into that store or mall that you stole from.
Trespass orders last for 2 years from the date they are given out. The police will put the order in writing but it is still legal if it is an oral (spoken) order.
If this happens to you, you should contact your local Citizens Advice Bureau, Community Law Centre or YouthLaw Tino Rangatiratanga Taitamariki, or Auckland Council for Civil Liberties Inc (PO Box 6582, Wellesley St, Auckland) to have it checked out.
What is shoplifting?
There is no criminal offence actually called 'Shoplifting'. When people talk about 'shoplifting' they are really talking about a type of 'theft', which involves taking something from a store or shop without paying for it and with the intention of keeping it.
Shoplifting is sometimes called 'ripping off' or 'five finger discount'. Another crime sometimes committed in stores is changing the price label on goods in order to get them for a lower price than that on the goods. This is also illegal.
What are my rights if I am suspected of shoplifting?
Shopkeepers and store staff can look inside your bag in a shop only if you agree to this. Sometimes there is a sign at the entrance which says you can only enter if you agree to your bag being searched if asked. Entering the shop is seen as your agreeing with this condition, but they still cannot forcibly search your bag.
Shopkeepers have the right to ask you to leave your bag outside and can ask you to leave at any time.
A shopkeeper who suspects you of having stolen something can approach you once you have left the shop and ask you to return to the shop. You do not have to do so.
If you have an item you can hand it back and say " I must have forgotten".
If you leave the shop with goods you have not paid for this does not necessarily mean you are automatically guilty of theft. You might have taken something by accident.
For a prosecution to succeed the Police must prove that you had a dishonest intent (that you meant to take the goods without paying for them). If you forgot to pay there is no dishonest intent and no crime has been committed.
But, if the shopkeeper or security person says you were seen acting suspiciously or hiding something or if you lied about having put goods in your bag the court might think you were being dishonest and that you meant to take the goods.
If approached by a store detective or shopkeeper you may calmly walk away, do not run, as this may look as if you have something to hide.
There are two times when a shopkeeper, security guard, or shop detective can arrest you. This is called a citizens arrest:
- If what you have stolen is worth more than $300 or
- If they believe on reasonable and probable grounds that you have stolen something and the time is between 9.00pm and 6.00am
Shopkeepers have no right to physically hold you or drag you back to the shop to hold you until police to arrive if you don't fall into any of these two situations. If kept at the shop without your consent you may have the right to sue for damages for false imprisonment and assault if you were not doing anything wrong.
While the shopkeeper is not able to physically hold and detain you if you don’t fall into one of these situations he or she may follow you and alert the Police (perhaps contact the Police on a cellular phone while following you). The Police can stop you, arrest you and after you have been arrested search you.
If you agree to go back to the store with the shopkeeper, without them making a citizens arrest you can change your mind and leave at any time. The shopkeeper cannot lock you in a room or physically hold you there till the police arrive.
Once the police arrive they can only search you or your bag if they arrest you or you agree to being searched.
Shoplifting is theft and the officer will be able to arrest you on the spot, without a warrant, if they have good reason to think you stole something.
Legal Defences
You can plead not guilty to and defend a shoplifting charge if:
- You forgot to pay for the item in question and did not intend to steal it.
- You took the item out of the shop for some other purpose (e.g. to see what a shirt or a jacket looks like in the natural light) intending to return it to the shop.
- You did not put the item concerned into your bag or did not realise it was there.
If you believe you may have a defence you should speak to your youth advocate, duty solicitor or a private lawyer.
If you were suffering from some medical condition or mental illness (e.g. deep depression or a compulsive condition sometimes called kleptomania) so that you did not really know what you were doing it is good to tell the Police and tell your lawyer, duty solicitor or youth advocate as soon as possible.
What can happen to you if you are caught Shoplifting?
17 years and over
1. Discharge without conviction
2. Diversion
If you are 17 or over it is the policy of almost all shopkeepers to inform the Police, and the Police will generally prosecute. You will go to the District Court and if found guilty you will probably be ordered to pay a fine ($100 - $500 or more depending on your means and the value of the goods taken) and court costs. If the object stolen is worth less than $100 you could also go to prison for up to 3 months; if the object stolen is worth between $100 - $300 you could go to prison for up to one year. If it is worth more than $300 you could go to prison for up to seven years.
Aggravated assault - If you are shoplifting or are intending to shoplift you should be careful not to knock someone or push them out of the way so you can get away because you could then be charged with aggravated assault. If found guilty you could be fined and go to prison for up to 3 years.
1. Discharge without conviction
You can apply for a discharge (to be let off) under section 19 of the Criminal Justice Act if you plead guilty or are found guilty but the offence is trivial and the consequences to you of a conviction would be out of all proportion to the seriousness of the offence. For example if you took something worth very little and would lose your job if you were convicted.
A discharge under s19 is seen to be an acquittal but you may be required to make a payment towards the costs of the prosecution. Speak to the duty solicitor at court.
If you have had no previous convictions and the offence is not too serious the Police will generally agree to you being dealt with under Diversion Scheme.
2. Diversion
This scheme is run by the Police to divert first time offenders from the criminal justice system. It involves making an appointment with a specific senior police officer at your local police station. The Police officer will discuss your offence with you and why you did it. S/he will give a penalty such as a letter of apology, community work, a contribution to a particular charity etc. You will not end up with a criminal conviction on your record. You will normally only be allowed to get diversion once. For more information on diversion see our "Diversion - an alternative to conviction for first offenders" information sheet.
Between 14 and 17 years old
If you are under 17, and this is your first offence you will usually be given a warning on the spot by the Police. The Youth Aid section of the Police may tell your parents and your name will be recorded. This is not a conviction and you will not have a criminal record. The Police have to destroy your details 2 years after you turn 17.
If you agree that you stole something the Police may decide to take the matter further if it was a serious offence or you have been caught before. They will call a family group conference (FGC). This will involve you, and members of your whanau, aiga or family group, the victim of the crime (the shopkeeper), the Police and Children Young Persons and their Families Service. You will all decide how you should be dealt with.
It may be decided that you must write a letter of apology to the shopkeeper, pay some compensation or do some community work such as spending a weekend working for the shopkeeper or for a charity.
If you are between 14 and 17 and have a history of offending, the Police may decide to arrest you and charge you with theft. You will have to go to Youth Court.
If you agree that you stole something it will be agreed at the FGC how you will be dealt with and a report made back to court. If you deny that you are guilty there will be a defended hearing at the Youth Court. A lawyer called a ‘Youth Advocate’ will represent you. If you are found guilty the Judge will order a FGC to decide what penalty you should get.
The Judge will not decide what to do with you until s/he has heard what was recommended at the FGC. If the Judge agrees with the recommendations of the FGC and you do everything it has been agreed you are to do, the charge of theft may be dismissed. If the Judge disagrees with the recommendations of the FGC s/he can order another penalty.
Under 14 year olds
If you are under 14 you can not be arrested or charged with shoplifting. Children, Young Persons and their Families Service may become involved and may call a FGC if worried about your behaviour.
A Few Things to Think About
Shoplifting is a crime. If you are caught, prosecuted and convicted and you are over 17 years old you will have a criminal record. A conviction for theft may make it harder for you to get a job - especially if the job involves handling money.
You can get caught. In 1996 19,493 people were reported shoplifting and 15,162 (77.8%) of them were caught.
There are also some other costs...
With a criminal record you may be refused a visa to enter some countries. Your travel plans could be affected if they find out you have been convicted of shoplifting.
In 1990 it was estimated that shoplifting cost shops up to $350 million a year. Who pays for that? You and I do because the shopkeepers put up their prices to cover those loses. $350 million works out to be over $100 dollars for every New Zealander.
An item selling at $1 may represent a profit of 25c for the shopkeeper. If that item is stolen the shop must sell another three just to recover the value of the stolen item, before the shopkeeper has made any profit at all.
Shoplifting may be the reason for a business going bankrupt. This means that it can cost you or someone you know their job. It can also make it harder for you to find a job.
Once you have been caught shoplifting, that shop may try to ban you by giving you a Trespass Notice to stop you going back there. It is not always legal for these notices to be served and sometimes the shopkeepers do not follow the correct procedure.
If you get arrested and taken back to the Police station, the police will normally issue what is called a ‘trespass notice’ which means you will not be allowed back into that store or mall that you stole from.
Trespass orders last for 2 years from the date they are given out. The police will put the order in writing but it is still legal if it is an oral (spoken) order.
If this happens to you, you should contact your local Citizens Advice Bureau, Community Law Centre or YouthLaw Tino Rangatiratanga Taitamariki, or Auckland Council for Civil Liberties Inc (PO Box 6582, Wellesley St, Auckland) to have it checked out.
YouthLaw |
Latest page update: made by YouthLaw
, Dec 3 2008, 11:09 PM EST
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About This Update
Edited by YouthLaw
view changes - complete history) |
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Keyword tags:
citizen arrest
shop searches
shoplifting
trespass notices
More Info: links to this page
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| Started By | Thread Subject | Replies | Last Post | ||
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| Anonymous | the cops werent called.... | 1 | Apr 28 2010, 8:27 PM EDT by YouthLaw | ||
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Thread started: Apr 23 2010, 8:49 PM EDT
Watch
last night i stole a bottle of wine and left the store with it. i got about 300 metres down the road when the shop assistant came up behind me and said let me look inside your jacket you have some wine. i showed him it and he said come back to the shop or im phoning the cops. i said how can you prove i got it from u? it has no price tag. he said, i have you on camera and some1 saw you (the second was impossible) anyway i gave him the wine and walkd with him back to the store. he ordered me to fill in a form and said that he wouldnt call the police if i agreed to giving the store $300 within 21 days. the form was "notice of civil recovery" i filled in my name, phone and address and passport number but nothing else. i didnt put my signature anywhere. he said if i didnt pay the money in 21 days the police would be notified. but if i dont pay it can the police really do anything? they werent called to the scene of the crime and i gave the item i stole back and he put it back on the shelf...
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| Anonymous | kleptomania | 1 | Mar 18 2010, 10:15 PM EDT by YouthLaw | ||
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Thread started: Mar 5 2010, 11:23 PM EST
Watch
Where do I find some help for my 15 yr old that i believe is a kleptomaina? She continues to get caught shoplifing even when she has the money on her persons. I have been rung by the police approx 5 times in the last 3 yrs because of this. I feel the need to keep her home 24/7 but this is impossible. I am about to lose my cool and hit her which would be a bad idea as I myself am a Youth worker. Someone help me!!!
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| Anonymous | Stealing at school and caught | 1 | Jun 24 2009, 12:22 AM EDT by Anonymous | ||
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Thread started: Jun 16 2009, 6:28 PM EDT
Watch
I've had a stealing history before, but every time I send the stolen items back to the owner so i never really knew the seriousness of stealing. Recently I have been caught stealing other peoples wallets, phones and ipods at school. I understand this is very serious, and I want to change. The school is trying to get in touch with the Police -but the seem to be very busy. Would it be better for me to front up to everything at the local station or should i wait? The items have been returned to the owners including money, What will happen to be now?
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Showing 3 of 3 threads for this page
