A Loss Prevention Guide: The 6 Elements Of An Arrest
Retail businesses in Canada rely on Loss Prevention Professionals (LPPs) who are licensed Security Guards to safeguard their merchandise from theft. This role requires a combination of observation, deterrence, and, when necessary, apprehension.
However, before making an arrest for theft, LPPs must ensure their actions comply with the Criminal Code of Canada. Failure to follow legal procedures can expose both the LPP and their employer to criminal charges and civil liability.
To stay within legal boundaries, LPPs must adhere to best practices when making arrests. Proper training in loss prevention is strongly recommended. This guide outlines the six essential elements that must be met before a lawful theft arrest can be made in a retail setting. These steps help protect a suspect’s rights while ensuring that LPPs operate within the law.
1. The Suspect Enters or Approaches the Merchandise Display Area
What It Means:
The LPP must observe the suspect entering the store or approaching a specific department. This helps establish that the suspect did not already possess the item before entering the store.
Why It Matters:
Confirming that the suspect did not have the item beforehand strengthens the case that the merchandise belongs to the store. Without this observation, a suspect could claim they brought the item with them.
Example:
An LPP sees a customer enter the electronics section without any visible headphones. This establishes the start of the observation process.
2. The Suspect Selects an Item from the Display
What It Means:
The LPP must witness the suspect physically selecting and removing an item from the store’s display.
Why It Matters:
This step is essential in demonstrating that the suspect intentionally interacted with store merchandise. Skipping this observation could lead to disputes over ownership or intent.
Example:
The suspect picks up a boxed set of headphones from the display, confirming their interaction with store property.
3. The Suspect Conceals or Retains the Item
What It Means:
The suspect must either conceal the item (e.g., by placing it in a bag or clothing) or continue holding it in a manner that suggests an intention to take possession without paying.
Why It Matters:
This step provides evidence of intent to steal. Simply handling an item does not necessarily indicate theft unless the suspect takes further steps to retain possession.
Example:
The suspect places the boxed headphones into their backpack, raising suspicion of theft.
4. Continuous Surveillance of the Suspect
What It Means:
The LPP must maintain uninterrupted visual contact with the suspect from the moment they select the merchandise until they leave the store.
Why It Matters:
This ensures the suspect does not return or discard the item. If the LPP loses sight of the suspect, even briefly, they cannot confirm possession.
Example:
The LPP discreetly follows the suspect, ensuring they do not remove the headphones from their backpack or return them to the display.
5. The Suspect Passes the Checkout Without Paying
What It Means:
The suspect must bypass all available payment points without attempting to pay for the item.
Why It Matters:
Under Canadian law, theft requires intent to deprive the store of its property. A suspect must have the opportunity to pay before their intent to steal is confirmed.
Example:
The suspect walks past all checkout counters and heads toward the exit without stopping to pay.
6. The Suspect Exits the Store with the Unpaid Merchandise
What It Means:
The suspect must physically leave the store with the unpaid item before a lawful arrest can take place.
Why It Matters:
Until the suspect exits, they still have the opportunity to pay. Making an arrest before they leave could lead to legal complications.
Example:
The suspect exits the store with the boxed headphones still concealed in their backpack. At this point, all six elements have been met, granting the LPP the legal authority to proceed with an arrest. This is where proper training in Use of Force is a must.
Legal Context: Theft Under Canadian Law
According to Section 322 of the Criminal Code of Canada, theft occurs when a person “fraudulently and without color of right” takes or converts something with the intent to deprive the owner of it, either temporarily or permanently.
The six elements outlined above serve as industry best practices for satisfying the legal standard for theft. Failing to adhere to these requirements could result in charges such as wrongful arrest, false imprisonment, or assault.
Why These Elements Matter: Reducing Legal Risk
Loss Prevention Professionals must be mindful that their actions are subject to legal scrutiny. Following these six steps helps to:
- Avoid Criminal Charges: Making an unlawful arrest can lead to charges such as assault or forcible confinement. Adhering to legal standards minimizes these risks.
- Prevent Civil Lawsuits: Wrongfully detaining a suspect could result in legal claims for emotional distress, human rights violations, or defamation. Proper procedure helps establish a defensible position.
- Maintain Professional Integrity: These best practices are recognized in the industry and legal system, reinforcing professionalism and respect for the law.
Best Practices for Loss Prevention Success
✔ Keep Detailed Records: Document all observations, including times, locations, and suspect behavior.
✔ Stay Professional: Use de-escalation techniques to manage confrontations calmly.
✔ Understand Legal Boundaries: Know your authority under Section 494 of the Criminal Code of Canada and avoid excessive force.
✔ Pursue Specialized Training: Take courses in legal authority, use of force, and communication, such as those offered by SecurityGuardCourse.ca.
Conclusion
By following the six elements of a lawful arrest, Loss Prevention Professionals ensure that their actions comply with legal requirements, protect suspect rights, and shield themselves from legal consequences.
Loss prevention is about more than stopping theft—it is about upholding the law and maintaining professionalism. By mastering these principles, LPPs contribute to a safer and more secure retail environment.
Last Updated on Mar 5, 2025
