UK Legal Framework for CP Operatives Flashcards

What is the legal basis for a CPO detaining a person who has just assaulted the principal?

Answer: Citizen's arrest under PACE 1984 Section 24A for an indictable offence

Assault is an indictable offence; a CPO can make a citizen's arrest under Section 24A of PACE 1984 where they reasonably suspect the person has committed the offence and arrest is necessary.

How does the Human Rights Act 1998 Article 8 affect a CPO conducting close surveillance of a potential threat?

Answer: Article 8 protects privacy; surveillance must be proportionate and justified, not indiscriminate

The right to privacy under Article 8 constrains the degree of surveillance even by private security; surveillance must be justified, proportionate and focused only on genuine threats.

What does the Proceeds of Crime Act 2002 require a CPO to do if they suspect the principal of money laundering?

Answer: Report their suspicion to the National Crime Agency (NCA) via a Suspicious Activity Report (SAR)

Under the Proceeds of Crime Act 2002, persons in regulated sectors have a duty to submit a SAR to the NCA if they suspect money laundering; CPOs in relevant roles may be subject to this obligation.

A CPO's vehicle is involved in a road traffic collision during a protective move. Who bears legal responsibility?

Answer: The driver bears primary responsibility under road traffic law; the employer may bear vicarious liability

Road traffic law applies equally to CP vehicles; the driver is personally responsible for their driving; the employer may be vicariously liable depending on the circumstances.

What is 'duty of care' as it applies to a CPO regarding third parties?

Answer: A CPO has a duty to avoid actions that could foreseeably cause harm to third parties, not just the principal

Common law duty of care extends beyond the principal; CPOs whose actions cause foreseeable harm to bystanders can face civil liability even if they were acting to protect the principal.

Under the Terrorism Act 2000, what must a CPO do if they have reasonable suspicion their principal is involved in terrorism?

Answer: Report it to the police; failure to disclose is an offence under Section 19

Section 19 of the Terrorism Act 2000 makes it an offence to fail to disclose information relating to terrorism that comes to your attention in the course of a trade or business.