SIA Guard Powers of a Security Officer 2 — Questions and Answers
Question 1: What is the difference between a security guard's 'power of search' on private premises and a police officer's power of search?
- Security guards have the same search powers as police officers
- A security guard's ability to search persons on private premises is based on voluntary consent (or contractual terms of entry) — not statutory compulsion. Police have statutory stop and search powers under PACE and other Acts (Correct answer)
- Security guards can search anyone on private premises without consent
- Security guards can search for weapons but not drugs
Correct answer: A security guard's ability to search persons on private premises is based on voluntary consent (or contractual terms of entry) — not statutory compulsion. Police have statutory stop and search powers under PACE and other Acts
Security guards generally have no statutory power to search people. On private premises (e.g., a nightclub or shopping centre), a search condition can be made a requirement of entry (contractual consent), but the individual must consent. Police have statutory stop and search powers under s.1 PACE and other Acts that security guards do not possess.
Question 2: If a security guard wishes to search a person who entered premises under a condition of search, and the person refuses, what should the security guard do?
- Force the person to comply with the search
- Refuse the person entry to or require them to leave the premises, as the search is a condition of entry which they have refused — use reasonable force only if the person refuses to leave (Correct answer)
- Call the police immediately to conduct the search
- Allow the person in without the search as a gesture of goodwill
Correct answer: Refuse the person entry to or require them to leave the premises, as the search is a condition of entry which they have refused — use reasonable force only if the person refuses to leave
If a search is a condition of entry and the person refuses, the security guard may deny entry or require them to leave the premises. The search itself cannot be forced — but the person can be denied access to or removed from private premises for refusing the condition. Reasonable force may be necessary if they refuse to leave.
Question 3: Under what circumstances can a security guard use force to protect a third party (another person) from an assault?
- Only to protect themselves, not a third party
- A security guard, like any citizen, can use reasonable force to protect a third party from an unlawful attack under the common law right of defence of others (Correct answer)
- Only if specifically authorised by their employer in writing
- Only if the third party has given verbal consent to be defended
Correct answer: A security guard, like any citizen, can use reasonable force to protect a third party from an unlawful attack under the common law right of defence of others
The common law right of self-defence extends to the defence of others. A security guard (or any citizen) may use reasonable force to prevent an unlawful assault on a third party. The force used must be reasonable and proportionate to the threat faced by the person being defended.
Question 4: A security guard finds a person who appears to have committed theft on private premises. Under what circumstances is it lawful to use force to detain them?
- Any time a security guard suspects theft
- Only where a citizen's arrest under s.24A PACE is lawfully made — the offence must be indictable, a constable must not be reasonably available, and the detention must be necessary to prevent escape, harm, or loss of evidence (Correct answer)
- Force can always be used to detain shoplifters as a matter of retail security custom
- Only if the item stolen exceeds £200 in value
Correct answer: Only where a citizen's arrest under s.24A PACE is lawfully made — the offence must be indictable, a constable must not be reasonably available, and the detention must be necessary to prevent escape, harm, or loss of evidence
Force to detain a person is only lawful when a legitimate citizen's arrest under s.24A PACE is being made (or common law self-defence/prevention of crime applies). Detaining someone with force outside these circumstances constitutes false imprisonment and potentially assault.
Question 5: What criminal offence could a security guard commit if they use excessive force in restraining a suspect?
- They could face only a civil claim, never criminal charges
- Assault (common assault under s.39 Criminal Justice Act 1988 or actual bodily harm under s.47 OAPA 1861, grievous bodily harm under s.18/20 OAPA 1861), false imprisonment, and potentially manslaughter or murder in extreme cases (Correct answer)
- They would only receive a reprimand from the SIA
- Excessive force is only a matter for their employer's disciplinary procedure
Correct answer: Assault (common assault under s.39 Criminal Justice Act 1988 or actual bodily harm under s.47 OAPA 1861, grievous bodily harm under s.18/20 OAPA 1861), false imprisonment, and potentially manslaughter or murder in extreme cases
Excessive force can result in criminal charges including common assault, assault occasioning actual bodily harm (s.47 OAPA 1861), unlawfully inflicting GBH (s.20), causing GBH with intent (s.18), or in extreme cases manslaughter/murder. It can also result in SIA licence revocation and civil liability.
Question 6: What is the legal position if a security guard mistakenly arrests an innocent person, genuinely but incorrectly believing they witnessed a crime?
- The arrest is always lawful if the guard had an honest belief
- The arrest may be unlawful — s.24A PACE requires that an indictable offence actually WAS being committed (not just suspected), unlike police powers which require reasonable grounds for suspicion. An innocent person wrongly arrested could sue for false imprisonment (Correct answer)
- The guard is immune from liability if they hold an SIA licence
- It depends entirely on the employer's policy
Correct answer: The arrest may be unlawful — s.24A PACE requires that an indictable offence actually WAS being committed (not just suspected), unlike police powers which require reasonable grounds for suspicion. An innocent person wrongly arrested could sue for false imprisonment
Unlike police powers (which require only reasonable grounds for suspicion), s.24A PACE for citizen's arrests requires that an indictable offence was actually being committed or had actually been committed. If no offence was committed, the arrest may be unlawful, exposing the guard to false imprisonment and assault claims even if they acted honestly.
SIA Guard Powers of a Security Officer 2
What is the difference between a security guard's 'power of search' on private premises and a police officer's power of search?