What is meant by “shopkeeper’s privilege” in the context of false imprisonment?

The concept of "shopkeeper’s privilege" refers to the legal right of a shopkeeper to detain an individual whom they reasonably believe has committed theft or shoplifting. This privilege allows shopkeepers to act on their suspicions in order to prevent theft and protect their property. The key aspect is that the shopkeeper must have a reasonable belief that a theft is occurring or has occurred.

The detention must also be reasonable in manner and duration. This means that the shopkeeper cannot use excessive force or keep a person for an unreasonable length of time without justification. The rationale behind this privilege is to balance the rights of the shopkeeper to protect their business interests while also ensuring that the rights of individuals are not violated through arbitrary or excessive action.

By allowing shopkeepers to detain suspected shoplifters, the law seeks to encourage merchants to take necessary precautions against theft while providing a legal framework that protects against possible abuse of that power. This understanding is central to the doctrine of false imprisonment, which is the unlawful restraint of a person against their will.