Cable Forum - View Single Post - Security guard, 20, is arrested after Asda shoplifter he tackled was killed

pip08456 · 14-02-2017, 16:47

He just has the same powers as Jo Public. It all comes down to the term "reasonable"

Did the security guard act reasonably.

Did he have firm grounds to suspect the shoplifter.
One would suspect he had witnessed or been informed.

Did he use reasonable force to detain him.
Not in my opinion if he ideed "rugby tackled him.

Personally, I would think that a rugby style tackle to stop and detain somebody was reasonable. If he tackled then gave him a few punches and kicks then that is unreasonable.
As a "rugby tackle" can lead to injury to one or both then it is not "reasonable force".

The police have no option but to arrest the guy, I would hope he would be ok in court.

Only sticky point is, if the security guard knew the guy had a bottle on his person, he does have a duty of care to think about the guys safety before he tackles him. That is what might be an issue, but it would be very harsh. That is most likely the issue. Do I think a manslaughter charge is warrented? No. Perhaps the lesser charge of death by misadventure.

14-02-2017, 16:47	#16
pip08456 Sad Doig Fan! Join Date: Aug 2007 Location: Barry South Wales Age: 69 Services: With VM for BB 250Mb service.(Deal) Posts: 11,826	Re: Security guard, 20, is arrested after Asda shoplifter he tackled was killed He just has the same powers as Jo Public. It all comes down to the term "reasonable" Did the security guard act reasonably. Did he have firm grounds to suspect the shoplifter. One would suspect he had witnessed or been informed. Did he use reasonable force to detain him. Not in my opinion if he ideed "rugby tackled him. Personally, I would think that a rugby style tackle to stop and detain somebody was reasonable. If he tackled then gave him a few punches and kicks then that is unreasonable. As a "rugby tackle" can lead to injury to one or both then it is not "reasonable force". The police have no option but to arrest the guy, I would hope he would be ok in court. Only sticky point is, if the security guard knew the guy had a bottle on his person, he does have a duty of care to think about the guys safety before he tackles him. That is what might be an issue, but it would be very harsh. That is most likely the issue. Do I think a manslaughter charge is warrented? No. Perhaps the lesser charge of death by misadventure.