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Other Criminal Law

4. Information for Retailers

Authors: Staff Legal Eagle
Firm / Chambers:
Last updated: 30 Aug 2015
  • Retailers should implement loss prevention policies to minimize shoplifting from their businesses.
  • This can include:
    • store layout and design such as surveillance cameras and mirrors;
    • staff education and training;
    • engagement of security staff; and
    • business policy and procedures.
  • Businesses can inform customers that bag checking is a condition of entry to the premises by prominently displaying signs at the entrance. Customers who enter the store are agreeing to have their bags checked upon exit.
  • If a person refuses to have their bag searched they are not committing a offence. Rather they have breached the agreement or contract to enter the store. In these circumstances the retailer can ask the person to leave the store and refuse them entry in the future.
  • Retailers and staff are able to stop and detain a person who is seen shoplifting at the time of committing the offence or immediately after they have committed the offence.
  • Upon detaining a person retailers and staff have a duty of care towards that person and should notify police immediately.
  • Retailers should also develop policies whereby all incidents of shoplifting are reported to police.

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