SIA CP UK Legal Framework for CP Operatives 3 — Questions and Answers
Question 1: What is the legal basis for a CPO detaining a person who has just assaulted the principal?
- Citizen's arrest under PACE 1984 Section 24A for an indictable offence (Correct answer)
- Their SIA CP licence
- An instruction from the principal
- Common law powers of detention
Correct 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.
Question 2: How does the Human Rights Act 1998 Article 8 affect a CPO conducting close surveillance of a potential threat?
- Article 8 protects privacy; surveillance must be proportionate and justified, not indiscriminate (Correct answer)
- Article 8 does not apply to private security operations
- Article 8 allows unrestricted surveillance for safety purposes
- Article 8 only applies to police surveillance
Correct 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.
Question 3: What does the Proceeds of Crime Act 2002 require a CPO to do if they suspect the principal of money laundering?
- Report their suspicion to the National Crime Agency (NCA) via a Suspicious Activity Report (SAR) (Correct answer)
- Inform the principal directly
- Terminate the contract and take no further action
- Contact the police by calling 999 immediately
Correct 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.
Question 4: A CPO's vehicle is involved in a road traffic collision during a protective move. Who bears legal responsibility?
- The driver bears primary responsibility under road traffic law; the employer may bear vicarious liability (Correct answer)
- The principal as the person being transported
- The CP company's insurance company exclusively
- No liability arises in a legitimate protection operation
Correct 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.
Question 5: What is 'duty of care' as it applies to a CPO regarding third parties?
- A CPO has a duty to avoid actions that could foreseeably cause harm to third parties, not just the principal (Correct answer)
- Duty of care applies only to the principal
- Duty of care to third parties is waived by the CP contract
- Third-party duty of care is the employer's responsibility only
Correct 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.
Question 6: Under the Terrorism Act 2000, what must a CPO do if they have reasonable suspicion their principal is involved in terrorism?
- Report it to the police; failure to disclose is an offence under Section 19 (Correct answer)
- Ignore it due to client confidentiality
- Inform the SIA before contacting police
- Terminate the contract and maintain confidentiality
Correct 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.
SIA CP UK Legal Framework for CP Operatives 3
What is the legal basis for a CPO detaining a person who has just assaulted the principal?