SAIWA - Security Agents Institute of Western Australia Powers of Arrest and Apprehension Questions and Answers 1

Question 1

A security officer at a university campus observes an individual systematically smashing car windows in a parking lot. Under the Criminal Investigation Act 2006, what is the officer's primary legal power in this situation?

Accepted Answer

To apprehend the person using reasonable force because they are found committing an arrestable offence.

Answer

Under Section 25 of the Criminal Investigation Act 2006, any person (including a security officer) may arrest another person if they reasonably suspect the person is committing an 'arrestable offence' (an offence punishable by imprisonment). Maliciously damaging property is an arrestable offence. The officer can use reasonable force to make the apprehension and must then hand the person over to police as soon as practicable.

Question 2

After a security officer has lawfully apprehended a suspect for shoplifting, what is their single most important legal obligation?

Accepted Answer

To deliver the suspect to a police officer as soon as is practicable.

Answer

Section 25(5) of the Criminal Investigation Act 2006 explicitly states that a person who makes a citizen's arrest must, as soon as practicable, arrange for a police officer to attend or take the suspect to a police officer. The security officer's role is to detain the individual until they can be handed over to the proper legal authority; investigation and processing are police functions.

Question 3

Which of the following scenarios best justifies a security officer's use of apprehension (citizen's arrest) powers in Western Australia?

Accepted Answer

The officer directly observes a person physically assaulting another patron.

Answer

A security officer's power of citizen's arrest is justified when they reasonably suspect a person is committing an arrestable offence. Physical assault is a clear arrestable offence. Verbal abuse, while potentially an offence, may not always meet the threshold, and acting on information about a past event or a simple policy breach (trespass) may not be sufficient grounds for apprehension without other factors.

Question 4

A security officer is advised by a retail manager that they 'have a feeling' a customer has concealed an item, but neither the manager nor the officer witnessed the act. The customer is proceeding to the exit. What is the most appropriate and lawful action for the security officer?

Accepted Answer

Maintain observation and report the details, as there are no reasonable grounds for apprehension.

Answer

The power of citizen's arrest under the Criminal Investigation Act 2006 requires the arresting person to have a 'reasonable suspicion' that an offence has been or is being committed. A manager's 'feeling' without witnessed facts does not constitute reasonable grounds for the officer. Taking physical action like apprehension or a forced search would be unlawful. The correct action is to observe and report.

Question 5

Regarding the use of force, what is the legal standard a security officer must adhere to when apprehending a resisting suspect in Western Australia?

Accepted Answer

Such force as is reasonably necessary to make the apprehension and prevent escape.

Answer

The law permits the use of force that is 'reasonably necessary' in the circumstances to effect an arrest or prevent escape. This means the force must be proportionate to the situation and the level of resistance. Using no force or an 'eye-for-an-eye' level of force are incorrect interpretations, and using incapacitating force is excessive unless the circumstances are extreme and justify it as 'reasonable'.

SAIWA - Security Agents Institute of Western Australia Test Practice Test

SAIWA - Security Agents Institute of Western Australia Test Practice Test

SAIWA - Security Agents Institute of Western Australia Powers of Arrest and Apprehension Questions and Answers 1