SIA Guard Powers of a Security Officer 1 — Questions and Answers
Question 1: Under Section 24A of the Police and Criminal Evidence Act 1984 (PACE), what conditions must be met for a security guard to make a citizen's arrest?
- The security guard simply needs to suspect someone of any offence
- An indictable offence must be being committed or have been committed; it must not be reasonably practicable for a constable to make the arrest; and the arrest must be necessary to prevent harm, escape, loss of evidence, etc. (Correct answer)
- The security guard must obtain their employer's written permission first
- Only police can arrest — security guards have no arrest power
Correct answer: An indictable offence must be being committed or have been committed; it must not be reasonably practicable for a constable to make the arrest; and the arrest must be necessary to prevent harm, escape, loss of evidence, etc.
Under s.24A PACE 1984, a citizen's arrest requires: (1) an indictable offence is being committed, or has been committed; (2) it is not reasonably practicable for a constable to make the arrest instead; and (3) the arrest is necessary for a specified reason (e.g., to prevent harm, escape, or disappearance).
Question 2: After making a citizen's arrest, what must a security guard do with the person they have arrested?
- Hold them for up to 24 hours pending a police response
- Deliver the arrested person to a constable as soon as practicable after the arrest (Correct answer)
- Take the person to the nearest police station themselves
- Release the person if they give their name and address
Correct answer: Deliver the arrested person to a constable as soon as practicable after the arrest
The law requires that a person arrested by a citizen must be delivered to a police constable as soon as practicable after the arrest. Failing to do so (e.g., by detaining the person for extended periods without handing them to police) could constitute unlawful detention.
Question 3: What must a security guard tell a person when they make a citizen's arrest?
- Nothing — the arrest speaks for itself
- The person must be told they are under arrest, the grounds for the arrest (what they are suspected of having done), and the fact that they are being held for the police
- Only the security guard's name and employer (Correct answer)
- The full wording of the relevant criminal statute they are accused of breaching
Correct answer: Only the security guard's name and employer
Common law and PACE require that an arrested person is informed that they are under arrest and the grounds for the arrest (the reason/offence) at the time of the arrest or as soon as practicable afterwards. Failure to do so may make the arrest unlawful.
Question 4: What is the legal basis for a security guard using force against a person in the UK?
- SIA licence holders have special force powers beyond ordinary citizens
- Section 3 of the Criminal Law Act 1967 — allowing reasonable force for the prevention of crime or lawful arrest, supplemented by the common law right of self-defence (Correct answer)
- The Private Security Industry Act 2001 grants special force powers
- Security guards may use any force their employer authorises in writing
Correct answer: Section 3 of the Criminal Law Act 1967 — allowing reasonable force for the prevention of crime or lawful arrest, supplemented by the common law right of self-defence
Security guards have the same force powers as ordinary citizens. Section 3 of the Criminal Law Act 1967 allows the use of reasonable force to prevent crime or effect a lawful arrest. The common law also permits reasonable force in self-defence or defence of others.
Question 5: What does 'reasonable force' mean in UK law?
- The minimum possible force in all circumstances
- Force that is proportionate to the threat faced — no more than is necessary to achieve the lawful aim, judged objectively in the circumstances the person genuinely believed them to be (Correct answer)
- Force that does not leave physical marks on the other person
- Force authorised in advance by a police officer
Correct answer: Force that is proportionate to the threat faced — no more than is necessary to achieve the lawful aim, judged objectively in the circumstances the person genuinely believed them to be
Reasonable force is force that is proportionate, necessary, and no more than required to achieve the lawful aim (e.g., preventing crime, making an arrest, self-defence). It is assessed objectively but takes into account what the person genuinely believed at the time — even if that belief was mistaken, provided it was honestly held.
Question 6: Can a security guard detain (hold without arresting) a person they suspect of shoplifting on behalf of the store?
- Yes — any security guard can detain anyone they suspect of any offence for up to 2 hours
- Yes, but only if the store has a contractual arrangement granting this right, and even then the grounds must justify it; detention must be brief and the person must be told why they are being detained, with police called promptly (Correct answer)
- No — only police can detain anyone
- Yes — SIA licensees have a statutory right to detain suspects for 30 minutes
Correct answer: Yes, but only if the store has a contractual arrangement granting this right, and even then the grounds must justify it; detention must be brief and the person must be told why they are being detained, with police called promptly
Security guards have no general statutory power to detain. However, in retail environments, the store owner's property rights and the law of trespass (combined with the citizen's arrest power where applicable) can justify brief detention of a suspected shoplifter. The detention must be brief, communicated, and promptly resolved by handing to police.
SIA Guard Powers of a Security Officer 1
Under Section 24A of the Police and Criminal Evidence Act 1984 (PACE), what conditions must be met for a security guard to make a citizen's arrest?