Shoplifters are plaguing my business...

Shoplifting is the same as any other form of theft and, as such, is classed as an arrestable offence. This means you can detain a shoplifter by making a citizen's arrest. Police advise caution, however.

If the arrest is later proved in court to be 'unlawful' (for example, the accused might argue that they had simply forgotten to pay), criminal charges could be brought against you for any injury caused during the arrest. If other people witness an unlawful arrest, you could be sued for defamation of character.

More importantly, making an arrest could put you and your employees in danger. If a member of your staff is injured while detaining a shoplifter, you could be held liable for their injuries.

If you are determined to catch and prosecute shoplifters, remember:

• You must have firm evidence (ie you have seen the thief leave your shop without paying for goods).
• You must tell them that they are under arrest.
• You are allowed to use 'reasonable force' to restrain them - but beware of causing injury.
• You must call the police immediately and hand the person to a police officer as soon as possible.

It is better to prevent shoplifting in the first place. If someone browsing in your shop arouses your suspicion, ask them if they need assistance. If you see someone pocket an item, ask them directly if they want to pay for it. Many would-be thieves are put off once they realise they are being watched.

Put up a clear and visible sign stating you will prosecute all shoplifters. If finances allow, install CCTV cameras that can be easily seen. If young people are the main culprits, limit the number you allow into your shop at one time.

Position your till so that customers have to walk past the staff member operating it to leave the shop. This will discourage less brazen shoplifters. If possible, make sure there are two people on duty at all times. That way, if one is distracted, the other can keep a watchful eye.

You could set up a local shopwatch scheme with other retailers, where participating shops share information and circulate details of known shoplifters.

With thanks to Bethan Southcombe of Metcalfes Solicitors