Training Your Witness

When apprehending a shoplifter, you need to make sure that all employees are aware of what their roles are and what they are responsible for doing. You should use job positions as a basis for who is responsible for what. For example, you might determine that only managers are allowed to make shoplifting apprehensions. You might qualify any employee who has gone through loss prevention training can make shoplifting apprehensions. Determine your skill level and staffing requirements to determine what makes the most sense for your stores.

The next step is training employees to be a witness during a shoplifting apprehension. Most loss prevention training revolves around identifying and detaining a shoplifter. Having a witness and defining what that witness can and cannot do is often overlooked. Unfortunately, it is very easy for a witness, who is not properly trained, to do more damage during the actual apprehension than they provide a benefit.

Even when an employee is only a witness, they are still acting in an official capacity as a representative of your company. If these employees were to make comments of take actions that are illegal or improper, the company can still be held liable for those actions. As a result, any employee who will potentially be called upon to act as a witness should be thoroughly trained prior to their involvement in any shoplifting detentions.

A witness is anyone who will assist a trained employee that making a shoplifting apprehension. The witness really needs to be another store employee. Using a customer as a witness is not advisable. Customers might take it upon themselves to exert undue force, or to make derogatory comments. A customer, no matter how well meaning their intentions may be, does not understand what their legal limitations are during the situation, and the store will still be held liable for any of their actions.

A witness should have a basic understanding of what a shoplifting apprehension is, and why it is happening. They do not need to be intimately aware of the actual sequence of events. They do need to understand they are there to provide an eyewitness to the detention and any questioning that may follow.

The witness should also provide a balance for the shoplifter. If a female is being apprehended, there needs to be a female employee involved in the apprehension. This can either be the employee who is detaining the suspect, or the witness. Same rules apply if the suspect is a male. To avoid a possible (warranted or not) sexual assault or harassment suit there always needs to be an employee present that is of the same gender as the shoplifting suspect.

Ideally, the same witnesses needs to be present from the time of detention to the time the shoplifter is either released on their own, or into the custody of law enforcement. Since the witness might be required to give a statement to the events, it is easier if only one person is there from start to finish. Having a replacement during the middle might provide unnecessary confusion as to who saw which part of the apprehension, and did some pertinent information get missed during the switch from one witness to the other.

Once the employees have made their initial approach for the detention, and have brought the shoplifter back to the office or room to do the interview, the witness needs to be in charge of documenting the incident. They should start by documenting what time the approach was made, what time the suspect entered the office and what has been said up to this point. Specifically, the suspect’s comments upon the initial approach should be quoted accurately. Did they deny it? Did they admit to stealing? What happened next? Was there a chase or a physical altercation? Did the suspect come back peacefully?

Any statements made or given need to be notated. The final disposition of the suspect and the evidence needs to be made. If law enforcement was called the time the call was placed, and the time they arrived should be documented. Above all else, the witness needs to realize they are there to assist and not to interfere with the investigation and apprehension of the shoplifting suspect.