Re: civil actions against shoplifters. These are available independently of prosecution for theft on the basis that nearly all thefts will also involve civil wrongs - such as trespass, conversion, or breach of trust. Notwithstanding that, where all of the elements of theft are present shoplifting is theft.
Laurence
Laurence W. Bebbington
Law Librarian
Hallward Library
The University of Nottingham
Nottingham
NG7 2RD
>>> "Chris Brogan" <[log in to unmask]> 23/04/04 12:15:52 >>>
If I may put my ten cents worth in here.
Shoplifting is prosecuted. However there has over the past few years been an
increase in civil action taken against shoplifters. It was an idea developed
by the States with good results. It has been promoted here in the UK by
Professor Joshua Bamford
As a result of the prosecution and or admission from the shop lifter an
assessment is made of the loss to the store and the shoplifter is sued for
that amount. The shop doesn't always get their money back but the word does
get around the shoplifting community and it would appear to have more of a
deterrent factor than a few hours community service.
Now let me pose a data protection question. When the shoplifter is arrested
and charged the processing is for a criminal action, perfectly justifiable.
The information is then used for a secondary purpose i.e. civil action. A
criminal action allows exemptions to the first principle. Could those
exemptions be then used for a civil action?
I look forward to your responses.
Chris Brogan
www.securitysi.com
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]]On Behalf Of Laurence Bebbington
Sent: 23 April 2004 09:51
To: [log in to unmask]
Subject: Re: Wanted Poster
Actually the statutory definition is even more precise - s.1 of the Theft
Act states that "A person is guilty of theft if he dishonestly appropriates
property belonging to another with the intention of permanently depriving
the other of it; and "thief" and "steal" shall be construed accordingly." -
i.e. the appropriation also must be "dishonest" (missed from Tony's
paraphrasing). It is actually important since each element of the definition
must be present for the offence of theft to be committed. This is also only
described as the "basic definition" - sections 2 to 5 expand on each element
(e.g. dishonestly, appropriation etc.), But shoplifting unquestionably can
be theft.
Laurence
Laurence W. Bebbington
Law Librarian
Hallward Library
The University of Nottingham
Nottingham
NG7 2RD
This message has been scanned but we cannot guarantee that it and any
attachments are free from viruses or other damaging content: you are
advised to perform your own checks. Email communications with the
University of Nottingham may be monitored as permitted by UK legislation.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
All archives of messages are stored permanently and are
available to the world wide web community at large at
http://www.jiscmail.ac.uk/lists/data-protection.html
If you wish to leave this list please send the command
leave data-protection to [log in to unmask]
All user commands can be found at : -
http://www.jiscmail.ac.uk/help/commandref.htm
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
This message has been scanned but we cannot guarantee that it and any
attachments are free from viruses or other damaging content: you are
advised to perform your own checks. Email communications with the
University of Nottingham may be monitored as permitted by UK legislation.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
All archives of messages are stored permanently and are
available to the world wide web community at large at
http://www.jiscmail.ac.uk/lists/data-protection.html
If you wish to leave this list please send the command
leave data-protection to [log in to unmask]
All user commands can be found at : -
http://www.jiscmail.ac.uk/help/commandref.htm
(all commands go to [log in to unmask] not the list please)
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
|