SIA Guard Legal Framework 2 — Questions and Answers
Question 1: What is the Equality Act 2010 and how does it affect security guards?
- It only applies to recruitment
- It prohibits discrimination based on protected characteristics (age, disability, race, religion, sex, etc.) — security guards must treat everyone fairly and equally (Correct answer)
- It gives security guards equal pay to police
- It only applies to public sector workers
Correct answer: It prohibits discrimination based on protected characteristics (age, disability, race, religion, sex, etc.) — security guards must treat everyone fairly and equally
The Equality Act 2010 prohibits discrimination based on nine protected characteristics. Security guards must not discriminate in how they treat people — for example, in who they search, refuse entry to, or question.
Question 2: What is the Data Protection Act 2018 (UK GDPR) and how does it relate to security work?
- It only applies to CCTV operators
- It regulates how personal data is collected, used, and stored — security guards must handle personal information (incident reports, CCTV footage, visitor logs) in compliance with the law (Correct answer)
- It prevents security guards from writing reports
- It only applies to online data
Correct answer: It regulates how personal data is collected, used, and stored — security guards must handle personal information (incident reports, CCTV footage, visitor logs) in compliance with the law
The DPA 2018 and UK GDPR regulate the processing of personal data. Security guards handle personal data through incident reports, CCTV footage, visitor logs, and access control records — all of which must comply with data protection principles.
Question 3: What is 'vicarious liability' and how does it relate to security companies?
- When a guard is liable for their colleague's mistakes
- When an employer is held legally responsible for the actions of their employees carried out during the course of their employment (Correct answer)
- When a client is liable for the security guard's actions
- When the police are liable for security incidents
Correct answer: When an employer is held legally responsible for the actions of their employees carried out during the course of their employment
Vicarious liability means an employer can be held legally responsible for wrongful actions committed by their employees during the course of employment. This is why security companies must train, supervise, and manage their staff properly.
Question 4: What is the difference between criminal law and civil law in the context of security?
- There is no difference
- Criminal law deals with offences against society (prosecution by the state); civil law deals with disputes between individuals or organisations (e.g., negligence claims) (Correct answer)
- Criminal law is more important
- Civil law only applies to businesses
Correct answer: Criminal law deals with offences against society (prosecution by the state); civil law deals with disputes between individuals or organisations (e.g., negligence claims)
Criminal law deals with offences against society (e.g., assault, theft) and is prosecuted by the state. Civil law deals with disputes between parties (e.g., negligence, breach of contract). A security guard's actions could result in both criminal prosecution AND civil claims.
Question 5: What does PACE 1984 stand for and why is it important for security guards?
- Protection and Care of Employees 1984
- Police and Criminal Evidence Act 1984 — it sets out the powers of citizen's arrest and rules for handling evidence (Correct answer)
- Public Access and Community Engagement 1984
- Private Area Control and Entry 1984
Correct answer: Police and Criminal Evidence Act 1984 — it sets out the powers of citizen's arrest and rules for handling evidence
The Police and Criminal Evidence Act 1984 is important for security guards because Section 24A sets out the power of citizen's arrest, and the Act establishes rules about evidence handling that guards should understand.
Question 6: What is 'negligence' in legal terms and how might a security guard be found negligent?
- Negligence is the same as criminal assault
- A failure to take reasonable care, resulting in harm — a security guard could be negligent if they fail to follow procedures and someone is injured as a result (Correct answer)
- Negligence only applies to doctors
- Negligence requires intentional harm
Correct answer: A failure to take reasonable care, resulting in harm — a security guard could be negligent if they fail to follow procedures and someone is injured as a result
Negligence is a failure to exercise the standard of care that a reasonably prudent person would exercise. A security guard could be negligent if they fail to follow procedures, ignore hazards, or fail in their duty of care, resulting in someone being harmed.
SIA Guard Legal Framework 2
What is the Equality Act 2010 and how does it affect security guards?