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Legal Eagle

The Public

Q: Protection against juvenile crime

As outside event performers, we suffer from the unwanted attentions of the 9 to 15 year age group whose sole aim seems to be to steal anything that moves, i.e. the performer's props and equipment. In the absence of security guards, what action can a performer take if he catches a young thief or is assaulted by one?

A: As the law stands at present (the wind of change has started to blow), there is an absolute legal presumption that no child under the age of ten years can be guilty of any criminal offence. For children between the ages of ten and 14 there is a similar presumption, but in this age group the presumption can be rebutted by clear evidence that the child knew what he was doing was seriously wrong. Merely taking someone else's property is not of itself sufficient evidence of the child's knowledge of guilt. Likewise, it is not sufficient to show that the child knew he was merely being naughty or mischievous. Even running away from the scene of an alleged offence has been held insufficient to rebut the presumption. The older the child is and the more obviously wrong the act is, the easier it will be to prove guilty knowledge, particularly if there has been concealment or, for example, if a child were overheard saying to a friend, "Let's steal this", or words to that effect. Over the age of 14, however, a young person is presumed to have sufficient discretion to be made subject to criminal prosecution.

In the circumstances you describe, you have a number of problems in establishing your legal rights. Firstly, you may have no means of knowing how old the child is and whether or not you are entitled to make a citizen's arrest for a criminal offence. Furthermore, the child may have some excuse which you are unable to disprove, e.g. that he was merely picking up the article to examine it, intending to put it back, perhaps after playing with it first. Trying to apprehend someone for theft nowadays, even a child, is a very dangerous business, involving the risk of assault, injury or worse. If you are assaulted you would have the right to use reasonable force in your defence but not excessive force. What is excessive depends on the circumstances but, for example, if the offending child made to strike you with his fist, you would obviously not have the right to hit him over the head with an iron bar!

My advice to you is to tackle the problem from an entirely different direction. What I suggest is as follows:

Firstly, do what you can about the security of your property when not in use, e.g. keep it in a locked and alarmed motor vehicle or some other secure place where it cannot easily be stolen. You should also consider indelibly stamping your props and equipment with some identifying mark. Secondly, either insure it against theft, or try to impose a contractual obligation on the promoter of the event at which you are performing to take responsibility for it and insure it for an adequate amount, as a condition of your engagement, or alternatively to reimburse you for the cost of insurance.

Thirdly, try to persuade the promoter if he will not have security guards present' to put up notices in prominent positions, warning that theft of property will be met with prosecution and that concealed surveillance cameras are in use. It does not matter whether that is so or not. The threat should be a deterrent.

Finally, if you do decide to approach the child concerned, have another adult with you (preferably as large as possible) and make sure that you and your friend have a camera and a mobile telephone clearly visible in your hands when you tell the child to put back whatever it is he has taken. You or your friend should photograph him holding it (and leaving the curtilage of the venue with it) if you can. Have the police telephone number ready and telephone the police as soon as practicable. If you are unable to take a photograph then make a careful mental note of the appearance and any distinguishing features of the offender and what he is wearing, so that you can give this information to the police later. Always report any such incidents to the police because, even if the child is too young to have committed a criminal offence, the police may be willing to see that he is given a good ticking off, which may possibly deter him from doing it again. Alternatively, you may prefer, understandably, not to approach the offender at all but to rely on your contractual rights against the promoter if you have secured such rights as described above.

Much of what I have said is really no more than common sense. The important thing is to avoid violence of any kind, if at all possible, but to let the child know that he has been seen taking the property concerned and will be reported. Insure, secure, photograph, keep a good look out, and try to place responsibility contractually on the promoter.

First published July 1998