A man who intervened when he witnessed a shoplifter at a central Auckland supermarket was surprised to discover that his actions were considered illegal.
Todd Scott, the owner of National Business Review, attempted to carry out a citizen’s arrest upon noticing someone stealing alcohol from the Countdown Metro store on Lower Albert Street last Wednesday.
“He was advancing towards me, displaying aggressive behavior, so I took action,” Scott explained.
“He was a large individual, but he had both hands wrapped around the stolen alcohol, making it difficult to lift him off the ground if I aimed for his legs.”
Scott recounted that he managed to hold the shoplifter for approximately ten minutes, until the supermarket manager, who had called the police, informed him that he had to release the individual.
“I was surrounded by about three or four security personnel who were supporting me,” he stated.
“The store manager whispered in my ear that the police had advised me to let the shoplifter go because I was in the wrong.”
Scott mentioned that the manager was equally bewildered by the situation.
“It took the efforts of two of us to assist him to his feet, and he even shook the manager’s hand, offering a sincere apology,” Scott added.
“I feel deeply embarrassed and somewhat puzzled,” he admitted.
“If more individuals with the capability to do what I did that day could do so without violating the law, fewer people would dare to commit crimes and evade consequences.”
According to the Crimes Act, ordinary citizens are only authorized to make arrests “at nighttime” or when a criminal has committed an offense “for which the maximum penalty is not less than 3 years of imprisonment.”
The maximum punishment for shoplifting is three months.
“If the law prohibits citizens from making arrests, then it appears that the law should be reconsidered,” Scott argued.
“Only seven minutes after releasing the shoplifter while I was still conversing with security, another individual exited the store carrying about three cases of alcohol.”
Scott disclosed that a police officer he spoke to after the incident cautioned him that he could have faced assault charges if the shoplifter had chosen to press charges.