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Is it illegal to film someone using the toilet without their knowledge? LocalSolicitors.com

Is it illegal to film someone using the toilet without their knowledge?

For the prosecution to prove a case of theft, it is necessary that they prove that the person concerned a) Dishonestly b) appropriated, property that c) belonged to another and d) that they did so with the intention of permanently depriving the owner of that property. In this case you feel that the fact that you hadn't left the shop means that they can't prove b), that there was an appropriation. Goods are 'appropriated' as soon as the person assumes the rights of an owner. The case law regarding shoplifting offences says that that occurs when the goods are removed from the shelves. However, the Crown then need to prove that the person was acting dishonestly. This is where your defence lies. The fact that the goods were not removed from the shop will of course make it harder for the Crown to prove that you were acting dishonestly. This is the type of case where the prosecution are likely to rely on bad character evidence if there have been any similar previous convictions. If, as you say, your actions were not dishonest and that there was an intention to pay for the goods, it is for the Crown to prove otherwise 'beyond a reasonable doubt'. In this case, as you have described events, they will struggle to prove their case against your friend. My assumption is that they are treating this as a joint enterprise and this makes the Crown's job even harder in relation to you. Definitely obtain legal advice and obtain representation before you attend court.

Charged with 2 thefts from 2 shops, when I was detained in the second shop and did not attempt to leave without paying?

You can apply to the Crown Court that imposed the original order to either vary or discharge the order. I note that your order is very old and pre-dates some important case law. Most notable of these cases was R v Smith & others 2011. As a result of this case, disproportionate orders, for instance, those banning all use of the internet, were found to be unlawful. The same with conditions that duplicated the terms of the notification requirements. If your order isn't 'Smith' compliant, it may be easier than you think to get it either varied or discharged. I would recommend that you find a solicitor locally who can have a look at your 'order' and advise on the prospects of either having it discharged or perhaps varied.

How can you discharge a SOPO? 

Is it illegal to film someone using the toilet without their knowledge?

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