SIA CP Legal Powers — Questions and Answers
Question 1: Under UK law, what licence must a close protection operative hold?
- A firearms licence
- An SIA Close Protection licence (Correct answer)
- A police warrant card
- A driving licence only
Correct answer: An SIA Close Protection licence
Close protection operatives in the UK must hold a valid SIA (Security Industry Authority) Close Protection licence. It is a criminal offence to work in close protection without one.
Question 2: Under Section 3 of the Criminal Law Act 1967, what level of force can a close protection operative use?
- Maximum force at all times
- Reasonable force in the prevention of crime or to effect a lawful arrest (Correct answer)
- No force whatsoever
- Lethal force if the principal is threatened
Correct answer: Reasonable force in the prevention of crime or to effect a lawful arrest
Section 3 of the Criminal Law Act 1967 allows any person (including CP operatives) to use reasonable force to prevent crime or to arrest offenders. The force used must be proportionate to the threat.
Question 3: What power of arrest does a close protection operative have under UK law?
- The same powers as a police officer
- The power of citizen's arrest under Section 24A of PACE 1984 for indictable offences (Correct answer)
- No power of arrest at all
- Unlimited power of arrest when protecting a principal
Correct answer: The power of citizen's arrest under Section 24A of PACE 1984 for indictable offences
CP operatives have the same citizen's arrest powers as any member of the public under Section 24A of PACE 1984. This applies to indictable offences where it is not reasonably practicable to wait for police.
Question 4: What does 'duty of care' mean for a close protection operative?
- A legal requirement to carry a first aid kit
- A legal obligation to take reasonable steps to ensure the safety and wellbeing of those they are responsible for (Correct answer)
- A requirement to work only during daylight hours
- An obligation to carry insurance
Correct answer: A legal obligation to take reasonable steps to ensure the safety and wellbeing of those they are responsible for
Duty of care is a legal obligation to take reasonable steps to ensure the safety and wellbeing of others. For CP operatives, this extends to the principal and potentially to other people affected by their actions.
Question 5: Under UK law, is it legal for a close protection operative to carry a weapon?
- Yes, any weapon is permitted
- No — UK law generally prohibits the carrying of weapons, including firearms and offensive weapons (Correct answer)
- Only if the principal authorises it
- Yes, but only knives under 3 inches
Correct answer: No — UK law generally prohibits the carrying of weapons, including firearms and offensive weapons
UK law strictly prohibits carrying firearms (Firearms Act 1968) and offensive weapons (Prevention of Crime Act 1953) in public. Close protection operatives have no special exemptions from these laws.
Question 6: What is the legal significance of 'consent' when a close protection operative physically moves a member of the public?
- Consent is never needed
- Without lawful justification, physically moving someone without their consent could constitute assault or battery (Correct answer)
- Consent is only needed from the principal
- Members of the public have no rights in this situation
Correct answer: Without lawful justification, physically moving someone without their consent could constitute assault or battery
Touching or moving someone without their consent can constitute assault or battery in UK law. CP operatives can only physically move people if using reasonable force to prevent crime or if they have consent.
SIA CP Legal Powers
Under UK law, what licence must a close protection operative hold?