Agile said:"""I was told be a police officer that if we ban a shoplifter from our shop, and they come in again and steal, its BURGLARY and they will be sent to prison"""
Thats total nonsence !
The crime of Burglary requires that the premises are broken into first!
As far as attacking the burglar, you are only entitled to use reasonable force to eject them from your property.
The son of an East End gangster I once knew found someone breaking into his van and attacked him with a hammer! The victim never made any complaint to the police!
Tony
I was under the impression they burglary was tresspass and taking without consent.
Take the example of a house being burgled - someone forgot to lock the back door. It is still burglary, and the person who is burgling is still a burglar, because even though no force was used to gain entry, he is trespassing, he doesn't have permission to be on the premises.
Same applies to shops - when someone gets barred, and comes in and steals something, it's burglary! They have no right to be in the shop, and therefore EVEN LESS right to steal something. They are trespassing, in the same way as the example above.
Breaking and entering (had the back door been smashed in) carries a heavier penalty, but AFAIK, burglary usually carries a prison sentence.