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On Saturday 20th February 2010, two of my children were playing…

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On Saturday 20th February 2010...

On Saturday 20th February 2010, two of my children were playing football in the Beacon, a youth club. When they were coming home, my kids were waiting outside Tesco for their friends who were buying sweets. Suddenly, one of the workers in Tesco came outside and strangled my 13 year old son, without saying anything. And he started to punch my son in his face. Then, he dragged him into the shop and locked the door. He left my other son outside crying and shouting for his brother, trying to open the door. He was left shouting for help. Inside the store, the six staff members put my son on the floor and continuously punched him in his face; they were also kicking his back. They were pointing and laughing at my other son who was left outside. In addition to that, they were saying that they will kill my son.
the question is the police arrested my kids because the workers said that my kids trying to still and they didnt arrest the workers (my son got a black eye and bruises )

Submitted: 13 years ago.Category: UK Law

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2/24/2010

Solicitor: Jo C., Barrister replied 13 years ago

Jo C., Barrister

Category: UK Law

Satisfied Customers: 83,749

Experience: Over 5 years in practice.

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If you are asking why they didn't arrest them I think it was probably because of the allegation of theft.

To be fair, its very unlikely that shop workers attacked him for no reason at all. Shop workers just don't take that action at their place of work. Its certainly almost impossible that they just came out and attacked him in the way alleged while he did nothing at all to invite their attention.

If there was an allegation of theft they were entitled to use reasonable force to eject him. This would seem excessive force but the injuries should be much greater than they are if that account is correct.

Since the police received an allegation of theft they were under a duty to make arrests.

Jo C., Barrister

Category: UK Law

Satisfied Customers: 83,749

Experience: Over 5 years in practice.

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Customer reply replied 13 years ago

The shop has a CCTV and there was witnesses that my 13 year old son did not steal anything.
Can you give me any advice of what to do?(The police got a doctor for my son and i got a report from the hospital).
Can i report the TESCO staff to the police now for the injuries of my son?

Solicitor: Jo C., Barrister replied 13 years ago

You can do that but there wouldnt' be any point. They considered the allegation at the time and did not act on it. Im afraid it just isn't very credible that shop workers would attakc a person for no reason. I know they can get excited in the course of removing people but they don't attack people who have done nothing to attract their attention.

It doesnt' matter whether he did steal anything. They only have to show that there were grounds for the merest suspicion. Also witnesses cannot really say reliably that he was not stealing. Witnesses cannot generally prove a negative.

On the face of it, there isn't going to be action that can be taken. You can always sue in the civil courts but you would almost certainly lose and have to pay their costs and even if you won the awards would be very low as the injuries are not lasting.

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