SIA CP UK Legal Framework for CP Operatives 3

Question 1

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

Accepted Answer

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

Answer

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?

Accepted Answer

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

Answer

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?

Accepted Answer

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

Answer

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?

Accepted Answer

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

Answer

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?

Accepted Answer

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

Answer

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.

SIA Close Protection Practice Test

SIA Close Protection Practice Test

SIA CP UK Legal Framework for CP Operatives 3