TL;DR: Too long, Didn’t read
The Law: Theft requires “Dishonest Intent.” An honest mistake (forgetting to scan) is not a crime.
Security Powers: Security guards are not police. They cannot arrest you unless they are 100% sure a crime happened (Citizen’s Arrest), and they cannot force search you.
The “Fine”: You might get a letter demanding £150 for “Civil Recovery.” You often do not have to pay this.
The Ban: Shops are private property. They can ban you for life for any reason, even if you are innocent.
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It is the nightmare scenario. You are walking out of Tesco or Sainsbury’s, and a security guard grabs your arm. “You didn’t pay for that.” You check your bag. You genuinely forgot to scan at self checkout. It was a mistake. But now they are threatening to call the police, banning you from the store, and demanding your ID.
This is happening to thousands of shoppers as supermarkets crack down on theft. But what actually happens if you forgot to scan at self checkout? Are you a criminal? Can they fine you? Here is the strict legal reality that security guards don’t want you to know.
Is Forgetting to Scan a Crime? (The “Intent” Rule)
The most important thing to know is this: Making a mistake is not a crime.
Under the Theft Act 1968, for an act to be “Theft,” there must be Dishonest Intent.
Theft: You put a bottle of wine in your bag, checked around to see if anyone was watching, and walked out on purpose.
Mistake: You were distracted by your kids, scanned 20 items, but forgot to scan at self checkout for a £2 loaf of bread.
If you had no intention of stealing, you have not committed a crime. However, proving this to a cynical security guard is the hard part.
What Rights Do Security Guards Have?
If you are stopped because you forgot to scan at self checkout, you need to know the limits of security powers. They often act like police, but they are just civilians in uniform.
1. Can They Touch You? Generally, no. They can only use “reasonable force” to detain you if:
They have seen a crime being committed (Citizen’s Arrest).
If you honestly just forgot an item, no crime has occurred, so using force could be Assault.
2. Can They Search Your Bag? No. You do not have to show them your receipt or open your bag.
However: If you refuse, they can ban you from the store forever. It is usually smarter to cooperate if you have nothing to hide.
The “Civil Recovery” Letter (The £150 Scam)
This is the part that scares people the most. If you are caught, the store might take your name and address. Weeks later, you get a scary legal letter from a company like “Retail Loss Prevention (RLP).” It will say: “You stole from us. You owe us £150 for investigation costs and damages.”
Do you have to pay? Most legal experts say NO.
This is not a criminal fine. It is a civil claim.
To make you pay, they would have to take you to County Court and prove they lost £150 because you forgot to scan at self checkout.
Since the item was usually returned or paid for on the spot, their “loss” is £0. They almost never take these cases to court because they would lose.
Can They Ban You From the Store?
Yes. This is the one power they definitely have. A shop is private property. They can refuse service to anyone for any reason (as long as it isn’t discrimination).
Even if the police agree it was a mistake.
Even if you pay for the item.
The manager can still say: “You are banned for life.”
Step-by-Step: What to Do If Stopped
If you realize you forgot to scan at self checkout and security stops you:
Stay Calm: Do not run. Aggression makes you look guilty.
Offer to Pay: Say: “I am so sorry, I genuinely missed that item. I am happy to pay for it right now.”
Check the CCTV: If they accuse you of intentional theft, ask them to check the camera. It will likely show you scanning other items normally, proving it was a mistake.
Don’t Sign Anything: They might ask you to sign a form admitting guilt or banning yourself. Refuse. You only need to give your name and address if the police arrive.
Frequently Asked Questions
Will I get a criminal record?
Unlikely. For a first offence over a small item (under £200), the police usually issue a “Community Resolution” or a caution, not a court summons. If it was a genuine mistake, they should take no action at all.
Can I return to the store after a ban?
If you have been formally banned, do not go back. Entering the store after a ban is technically “Trespass,” and you could be sued (though this is rare).
(Sources: Citizens Advice – Accused of Shoplifting, Unlock – Civil Recovery)
This guide applies to UK Law. We do not condone theft. This advice is for honest shoppers who make mistakes.