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UK-Justice
UK-Justice, Barrister
Category: Law
Satisfied Customers: 16193
Experience:  Called to the Bar in 2007
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My son was the manager of an Aldi Store.On the day in question

Customer Question

My son was the manager of an Aldi Store.On the day in question he refused entry to a person who had been acting suspicously in the store(was seen by member of staff) and was thought to be carrying stolen itemsOutside the store.He volunteered to open his bags.Nothing was found.The man demanded to see the store manager who was my son he advised him he could not enter the store. the man then proceeded to push past him and enter the store.In the entrance to the store my son took hold of him from the rear by the shoulders.The man fell to the ground.He then was told to leave on several occasions the man refused took a swing at my son and was forced out of the store using only as much force as required.
He has been subsequently summonsed for common assault.
The issue appears to be that they state my son did not have any lawful right to take hold of the man.
My son stated in interview he prevented entry as he was concerned the man may harm items in the store or persons.
I have researched the internet to try and find an answer to se if there is anything to justify my son taking hold of the individual.
I was a police officer forXXXXXI read it is that once my son requests the person to leave the store and he refuses by his action or words he can use as much force as was reasonable under the circumstances prevailing to eject the man from private premise i,e the store.My son was the licence holder for the day but nothing under the licensing law seems to relate. Prevention breach of the peace?concerned for safety of staff and store.?The man will state he was angry but only wanted to speak to the manager.
Can you assist?
He was then told
Submitted: 3 years ago.
Category: Law
Expert:  UK-Justice replied 3 years ago.
Thanks for your question, I will do whatever I can to help you. Please remember to rate my answer SMILEY FACE OR ABOVE.

Is he saying he used reasonable force to eject this person?
Customer: replied 3 years ago.


He did use reasonable force.Taking into consideration the circumstances.Unfortunately the man fell on the floor when my son took hold of his shoulders from the rear.When he got up he swung a punch and my son restrained him and ordered him and his partner to leave the store.He then forced him out of the store.The police or CPS seem to think he caused common assault when he took hold of him and he fell to the floor.This initial action seems to dominate their decision.


The issue is definately one of the initial taking hold of the man without requesting him to leave the premises can not seem to find anything under common law or criminal law that seems to cover these facts.


Is there anything that could justify his actions?


 

Expert:  UK-Justice replied 3 years ago.
If a person is at Aldi he is there on licence.

As such that licence can be ended at any time - it is private property.

As such reasonable force can be used to eject the person.

The defence is this - the assault did not take place as the Defendant used lawful reasonable force.

It is a factual dispute.

You are permitted to use reasonable force to eject people from property.

An assault is unlawful force.

Reasonable force is lawful force.

So it is on that basis a defence can be run.

Does that help?



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UK-Justice, Barrister
Category: Law
Satisfied Customers: 16193
Experience: Called to the Bar in 2007
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Customer: replied 3 years ago.


Thank you for your time.


I am a little confused regarding your answer.


What do you mean on licence......what basis in law..common law..civil tresspass?


When we take this to a solicitor..can you advise where the solicitor should be researching or what law references he or she should use.


Are you saying that my son in grabbing hold of this person without any words spoken he would be entitled as he is ejecting a person no longer on licence?.......


It is only the initial contact that concerns me as my son can be heard quite clearly on the cctv telling him to get out when the man had fallen to the floor.My son did cause him to fall in the first instance as the man was walking in front of him attempting to reenter the store. then using reasonable force to eject him.


The man did suffer small bruising on his back from his fall to the floor.

Expert:  UK-Justice replied 3 years ago.
Any private place someone is there on licence.

So a shop, house etc.

This can be ended at any time. Aldi can ban who they want.

I am saying he is using lawful force.

He is NOT using UNLAWFUL force.

That is what I am saying.




Please remember to click *** OK SERVICE *** or above so that I am credited for my time. The question does not close and you can ask follow ups.

Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.
Customer: replied 3 years ago.

Sorry,I am trying to understand the phrase "on licence"..evrything else is clear


Could you expand a little on this

Expert:  UK-Justice replied 3 years ago.
On private premises no one has a right to be there.

You are there on licence - that is with permission of the occupier.

So if someone comes into your house you can ask them to leave at any time.

It is the same with a store, they can be asked to leave at any time.

That permission to stay can be ended and reasonable force can be used to eject them.

I hope that clarifies.




Please remember to click *** OK SERVICE *** or above so that I am credited for my time. The question does not close and you can ask follow ups.

Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.
Customer: replied 3 years ago.


Yes I understand what you mean by on licence.I have already researched all of the information on the internet but most only allows for a person to be ejected after being asked to leave and they refuse.


My problem is that my son did not speak to the person and ask them to leave he immediately took hold of the person the second they entered the store. He had however told the person outside the store he was banned from the store.The male chose to ignore this demanding to see the manager.


Would this be sufficient to eject him? without any further request to leave


 

Expert:  UK-Justice replied 3 years ago.
Yes this is sufficient,

He was told he was banned.

He did not have permission to enter.

Lawful force was used.




Please remember to click *** OK SERVICE *** or above so that I am credited for my time. The question does not close and you can ask follow ups.

Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.
Customer: replied 3 years ago.


Thanks for evrything

Expert:  UK-Justice replied 3 years ago.
Welcome
Expert:  UK-Justice replied 3 years ago.
I'm just following up with you to see how everything is going. Did my answer help?

UK-Justice

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