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Shoplifting laws??

  • 26-09-2017 1:17am
    #1
    Registered Users, Registered Users 2 Posts: 6


    So I was watching a UK police tv show and they said they can’t charge someone with shoplifting until they have left the store is this true?. The current Irish law is: a person who, knowing that payment on the spot for any goods obtained or any service done is required or expected, dishonestly makes off without having paid as required or expected and with the intention of avoiding payment on the spot is guilty of an offence.


Comments

  • Registered Users, Registered Users 2 Posts: 22,412 ✭✭✭✭endacl


    You’ve just explained it to yourself. Where’s the confusion?


  • Registered Users, Registered Users 2 Posts: 26,998 ✭✭✭✭Peregrinus


    So I was watching a UK police tv show and they said they can’t charge someone with shoplifting until they have left the store is this true?. The current Irish law is: a person who, knowing that payment on the spot for any goods obtained or any service done is required or expected, dishonestly makes off without having paid as required or expected and with the intention of avoiding payment on the spot is guilty of an offence.
    Until they've left the shop, they haven't "made off" without paying for the goods or services, so no offence has been committed. The law in England and Wales is similar (and I expect it is in Scotland too, though I don't know that for sure).


  • Registered Users, Registered Users 2 Posts: 384 ✭✭YellowSheep


    What happen of someone eats the good on the premises with out paying. Can this person only be arrested when the "full belly" left the premises?


  • Registered Users, Registered Users 2 Posts: 26,998 ✭✭✭✭Peregrinus


    What happen of someone eats the good on the premises with out paying. Can this person only be arrested when the "full belly" left the premises?
    Yes. And even then you can only be convicted if you make off dishonestly. So if I order and eat my scoff and then go up to the counter and say "look, I'm really sorry, I find I've left my wallet at home, I'm going to have to go and get it and come back to pay you", and I then leave the place, there's no evidence of dishonesty there. Anybody seeking to have to prosecute me would have to give evidence of something else from which a dishonest intention might be inferred - e.g. that I left a false name and address, that I never came back to pay, that I had done the same thing in three other eating-houses in the past week, etc, etc.


  • Registered Users, Registered Users 2 Posts: 78,580 ✭✭✭✭Victor


    What happen of someone eats the good on the premises with out paying. Can this person only be arrested when the "full belly" left the premises?

    There is an offence along the lines of taking so as to deprive the rightful owner of their property. If someone is hiding behind the industrial-sized washing powder boxes downing copious amounts of refined yeast urine, while in both an impecunious and incontinent state, they may have a decent case.

    There was a case where a member of supermarket staff scoffed a bunch of bananas within the store and they were charged with theft. Case failed as it was the wrong charge - they hadn't left the premises.

    A judge will look unfavourably at someone who passes the last till and makes as if to leave the premises without paying.


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