SIA Guard Powers of a Security Officer 2

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?

Accepted 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

Answer

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?

Accepted 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

Answer

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?

Accepted 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

Answer

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?

Accepted 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

Answer

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?

Accepted 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

Answer

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.

SIA Security Guard Practice Test

SIA Security Guard Practice Test

SIA Guard Powers of a Security Officer 2