SIA CP Legal Powers 2

Question 1

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

Accepted Answer

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

Answer

They are the same thing

Answer

Assault is physical; battery is verbal

Answer

Battery is more serious than assault

Question 2

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

Accepted Answer

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

Answer

They receive a verbal warning

Answer

They are automatically given a temporary licence

Answer

Nothing — enforcement is voluntary

Question 3

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

Accepted Answer

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

Answer

It is always unlawful to strike first

Answer

Force used after an attack has ended

Answer

Force used to punish an attacker

Question 4

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

Accepted Answer

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

Answer

Using maximum force regardless of the situation

Answer

Using the same weapons as the attacker

Answer

Ensuring equal numbers of people on each side

Question 5

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

Accepted Answer

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

Answer

Working in a prison without qualifications

Answer

Pretending to be a police officer

Answer

Providing false information to the police

Question 6

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?

Accepted Answer

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

Answer

They are automatically acquitted

Answer

They are protected by their SIA licence

Answer

Their employer is solely responsible