Legal Powers Flashcards

What is the difference between 'assault' and 'battery' in English law?

Answer: Assault is causing someone to fear immediate unlawful violence; battery is the actual application of unlawful force

In English law, assault is causing someone to apprehend (fear) immediate unlawful violence — no contact is needed. Battery is the actual application of unlawful force to another person, however slight.

Under the Private Security Industry Act 2001, what happens if someone works in close protection without an SIA licence?

Answer: It is a criminal offence punishable by up to 6 months imprisonment and/or a fine

Working as a close protection operative without a valid SIA licence is a criminal offence under the Private Security Industry Act 2001, punishable by up to 6 months imprisonment and/or a fine of up to £5,000.

What is 'pre-emptive force' and when might it be lawful?

Answer: Force used before an attack occurs, which may be lawful if the person honestly believed an attack was imminent

Pre-emptive force (striking first) may be lawful if the person honestly believed an attack was imminent and the force used was reasonable and proportionate. You do not have to wait to be hit first.

What does 'proportionality' mean in the context of using force in close protection?

Answer: The level of force used must be appropriate and proportionate to the threat faced

Proportionality means the force used must be no more than is necessary and appropriate to deal with the threat. Using excessive force — even against a real threat — can result in criminal charges.

What is 'false imprisonment' and how might a CP operative commit this offence?

Answer: Unlawfully restricting a person's freedom of movement — a CP operative could commit this by preventing someone from leaving without lawful authority

False imprisonment is the unlawful restriction of a person's freedom of movement. A CP operative could commit this offence by physically preventing someone from leaving a room or area without lawful justification.

What is the legal position if a close protection operative causes injury while using force they honestly believed was reasonable, but a court later rules was excessive?

Answer: They may face criminal charges and/or civil liability, though their honest belief is a factor the court considers

If a court determines the force was excessive, the operative may face criminal prosecution and/or civil claims. However, the court will consider whether their honest belief in the need for force was genuine, even if mistaken.