Retail Entrance: The Suspected Shoplifter Who Wants to Leave
You are stationed at the entrance of a Belgian supermarket. A store employee points out a man in a grey jacket who, she says, put two bottles of spirits into a backpack in aisle 4 and walked past the tills without paying. She saw the items go in but did not see him leave the sales floor with them. The man is now near the exit, walking quickly. You are alone at the door; a colleague is on a break and will return in five minutes. The store's internal policy allows guards to invite a person to a back office but forbids physical restraint except in cases of clear and immediate danger. The man has not been stopped and does not know he has been observed. The value of the bottles is around 40 euros.
1. Assess whether the elements needed for any lawful intervention are present, and decide what you do as he reaches the exit.
Read the worked answer
Test the elements, not the suspicion. A lawful intervention of this kind requires, at minimum, that the offence be sufficiently established and, where the law permits a citizen's arrest in cases of flagrant offence, that the person be found in the act or immediately afterwards with evidence that is not merely probable. Here the account has gaps: the employee did not see the items leave the sales floor, no one has checked whether the backpack still contains them, and the man has not been asked anything. 'Probably took them' is not the same as 'taken and not paid for'.
Practical decision.
- Approach calmly and identify yourself, positioning to the side rather than blocking the doorway with your body.
- Ask a neutral, non-accusatory question that invites explanation: 'Excuse me, could I have a word about the items in your bag?'
- If he refuses, keeps walking, or becomes agitated, let him go and record. A 40-euro suspected theft does not justify a physical struggle, a chase into the street, or the risk of injury to bystanders.
- If he cooperates, conduct any conversation in a discreet area, with a second staff member present as witness, and never search the bag yourself.
Why the policy line matters. The store's rule against restraint except in imminent danger is consistent with the guard's legal position: a guard is a private citizen with no police powers. Detaining someone on a hunch exposes both you and the client to liability for unlawful deprivation of liberty.
2. The man stops, becomes loud, and says 'You can't touch me, I know my rights.' A small crowd forms. Explain how you handle the next two minutes and why.
Read the worked answer
He is partly right, and that shapes the response. A guard cannot lawfully grab, search, or hold a person merely because theft is suspected. Acknowledging the limit out loud defuses the confrontation and demonstrates you know your position.
Script and posture. 'You're right that I won't touch you. I'd just like to sort out what's in the bag, here or at the office, and then you can go.' Keep hands visible and low, stand at an angle, keep an exit route open for him and for you. Do not match his volume.
Crowd management. Move the conversation away from the doorway to reduce the audience and the obstruction of the entrance. Ask a staff member to continue serving and to call the colleague back from break. Do not make accusations in front of customers; a public accusation that turns out to be wrong is a reputational and legal problem for the store and for you.
Escalation threshold. If he pushes past, leave it. If he becomes physically threatening toward staff or customers, that is a danger situation, and the policy permits intervention; call police and prioritise the safety of people over the recovery of goods. Note times, words, and witnesses immediately afterwards while memory is fresh.
3. Later the employee admits she is 'not a hundred percent sure' it was that man. Write the substance of what your incident report must contain and what it must not.
Read the worked answer
Must contain.
- Time and place, and the fact that the observation originated with a named employee, quoting her description and later qualification.
- Exactly what she saw and did not see (items placed in bag; not seen leaving the sales floor; no till observation).
- Your own actions and words, in sequence, and the man's responses.
- The crowd, the duration, whether the exit was obstructed, and who was present as witness.
- The later statement that she was not certain, with the time it was made.
- Any follow-up: police called or not, manager informed, camera footage preservation requested.
Must not contain. Conclusions of guilt ('the thief'), speculation about motive or character, adjectives about appearance beyond identifying description, or a version that quietly drops the uncertainty. A report is evidence, and a report that overstates what was seen is worse than a short honest one.
Why this matters for the exam. The professional duty is accuracy and neutrality. If the man later complains, the report is your defence: it shows the suspicion was reported as a suspicion and that no force or detention was used.