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Legal Powers and Regulation of Security Guards in the UK, Lecture notes of Acting

Heriot-Watt UniversityActing

Information on the legal powers and regulations of security guards in the uk, including their ability to make a citizen's arrest, use reasonable force, and the community safety accreditation schemes. It also covers the role of the security industry authority and the complaints process for private security personnel.

Typology: Lecture notes

2021/2022

Uploaded on 09/27/2022

janet
janet 🇬🇧

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!
!
Private Security
Security)guards)generally)do)not)have)any)more)legal)powers)than)any)member)
of)the)public)(but)see)Community)Safety)Accreditation)Schemes)below).)
This)means)they)can)only)make)a)“citizens')arrest”)(covered)by)section)24A)of)
the)Police)And)Criminal)Evidence)Act)1984))using)'reasonable)force')to)prevent)
a)crime)from)occurring)or)if)they)have)a)reasonable)suspicion)that)an)offence)
has)been)committed.))
)
However,)they)must)also)call)the)police)and)can)only)detain)someone)if)there)is)
a)risk)of)injury,)damage)to)property)or)that)the)person)is)likely)to)escape)before)
the)police)can)take)over)responsibility.)Any)suspected)offence)must)be)
indictable)(serious)enough)for)trial)at)a)Crown)Court))but)this)does)include)
criminal)damage)and)aggravated)trespass.)As)most)security)guards)are)
inadequately)trained)and)unlikely)to)know)the)limits)of)their)powers,)their)run)
the)risk)of)acting)unlawfully)if)they)attempt)to)make)a)“citizens')arrest”,)
)
Again,)like)other)members)of)the)public,)security)guards)can)also)use)
'reasonable)force')to)remove)civil)trespassers)from)private)property,)acting)as)
agents)for)the)property)owner.))
)
What)constitutes)'reasonable')force)and)'reasonable')suspicion)is)subjective.)
However,)the)courts)have)often)been)more)willing)to)allow)security)guards)to)
act)more)forcefully)than)the)average)member)of)the)public.)Crown)Prosecution)
Service)guidelines)on)selfOdefence)also)recommend)“special)care)when)
reviewing)cases)involving)those,)other)than)police)officers,)who)may)have)a)
duty)to)preserve)order)and)prevent)crime”,)which)includes)private)security)
guards.)
)
In)practice,)the)police)often)step)in)to)arrest)protesters)to)‘prevent)a)breach)of)
the)peace’)for)refusing)to)leave)private)property)when)there)is)a)confrontation)
with)security)guards,)even)if)no)other)criminal)offence)has)been)committed.)!
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Private Security

Security guards generally do not have any more legal powers than any member of the public (but see Community Safety Accreditation Schemes below). This means they can only make a “citizens' arrest” (covered by section 24A of the Police And Criminal Evidence Act 1984) using 'reasonable force' to prevent a crime from occurring or if they have a reasonable suspicion that an offence has been committed. However, they must also call the police and can only detain someone if there is a risk of injury, damage to property or that the person is likely to escape before the police can take over responsibility. Any suspected offence must be indictable (serious enough for trial at a Crown Court) but this does include criminal damage and aggravated trespass. As most security guards are inadequately trained and unlikely to know the limits of their powers, their run the risk of acting unlawfully if they attempt to make a “citizens' arrest”, Again, like other members of the public, security guards can also use 'reasonable force' to remove civil trespassers from private property, acting as agents for the property owner. What constitutes 'reasonable' force and 'reasonable' suspicion is subjective. However, the courts have often been more willing to allow security guards to act more forcefully than the average member of the public. Crown Prosecution Service guidelines on self-­‐defence also recommend “special care when reviewing cases involving those, other than police officers, who may have a duty to preserve order and prevent crime”, which includes private security guards. In practice, the police often step in to arrest protesters to ‘prevent a breach of the peace’ for refusing to leave private property when there is a confrontation with security guards, even if no other criminal offence has been committed.

In most cases, security guards that anti-­‐fracking campaigners are likely to encounter will be licensed by the Security Industry Authority (SIA), because they provide “manned guarding” roles covered by the Private Security Industry Act 2001. This includes both security personnel at a drilling site and also staff employed, for example, at shopping centres that your campaign might have a stall outside of. Front-­‐line staff (those on the ground who guard property or premises) must wear a credit-­‐card-­‐sized licence where it can be seen. Failure to do so is a breach of the licence conditions and may be reported to the SIA.

Community Safety Accreditation Schemes

The Police Reform Act 2002 allows Chief Constables to accredit people working in security roles to receive limited powers under an approved ‘Community Safety Accreditation Scheme’ (CSAS) for “combatting crime and disorder, public nuisance and other forms of anti-­‐social behaviour”. Overwhelmingly local councils employ these Accredited Persons as enforcement officers or parks wardens, although there are accredited schemes that also cover shopping centre and industrial estate security staff. Their powers include the ability to:

  • issue a penalty notice for disorder for behaviour likely to cause harassment, alarm or distress
  • issue a fixed penalty notice for graffiti and fly posting
  • require the name and address of a person who has committed a criminal offence that causes injury, alarm and distress to another person or damage or loss of another's property, or to whom a penalty notice has been issued
  • require the name and address of a person acting in an anti-­‐social manner Accredited Persons must wear a uniform approved by the police when exercising their powers and carry an ID card that also shows the powers they are authorised to use. The logo on the right indicates a security guard is CSAS accredited. Currently we are unaware of any specific incidence of CSAS accredited staff at fracking sites but we know that security companies working with the industry are training staff for CSAS accreditation.