SIA Guard UK Security Legislation 2 — Questions and Answers
Question 1: What does Section 3 of the Health and Safety at Work Act 1974 require of employers regarding non-employees (members of the public)?
- There is no duty to non-employees under this Act
- Employers must ensure, so far as is reasonably practicable, that persons not in their employment (including visitors and members of the public) are not exposed to risks to their health or safety by the employer's undertaking (Correct answer)
- Employers must provide first aid to all visitors
- Employers must check the health of all visitors before they enter
Correct answer: Employers must ensure, so far as is reasonably practicable, that persons not in their employment (including visitors and members of the public) are not exposed to risks to their health or safety by the employer's undertaking
Section 3 of HASAWA 1974 extends the employer's duty beyond their own employees to others who may be affected by their work activities — including customers, visitors, and members of the public. This is directly relevant to security operations in premises open to the public.
Question 2: Under the Licensing Act 2003, who is responsible for maintaining good order and compliance with licence conditions at a licensed premises?
- The local police commander
- The Designated Premises Supervisor (DPS) and the premises licence holder (Correct answer)
- The SIA-licensed door supervisors alone
- The local authority licensing committee
Correct answer: The Designated Premises Supervisor (DPS) and the premises licence holder
The Licensing Act 2003 places responsibility for compliance with licence conditions and the promotion of the licensing objectives (including crime prevention, public safety, and public nuisance) on the Designated Premises Supervisor and the licence holder. Door supervisors support the DPS in managing the premises.
Question 3: What is a 'Section 5 Public Order Act 1986' offence and how is it relevant to a security guard's role?
- Using or threatening violence — relevant when a security guard needs to arrest someone
- Using threatening, abusive, or insulting words or behaviour (or displaying such material) within the hearing or sight of a person likely to be harassed, alarmed, or distressed — security guards must avoid this and may witness or report it (Correct answer)
- Trespassing on private property
- Operating without an SIA licence
Correct answer: Using threatening, abusive, or insulting words or behaviour (or displaying such material) within the hearing or sight of a person likely to be harassed, alarmed, or distressed — security guards must avoid this and may witness or report it
Section 5 of the Public Order Act 1986 makes it an offence to use threatening or abusive words or behaviour within the hearing or sight of a person likely to be harassed, alarmed, or distressed. Security guards must avoid this conduct themselves and may need to report or manage situations involving this offence.
Question 4: Under the Terrorism Act 2000, what is the offence of failing to disclose information about terrorism?
- Section 43 — search without reasonable suspicion
- Section 19 — failure to disclose information about terrorism to the police as soon as reasonably practicable (Correct answer)
- Section 44 — authorisation for stop and search
- Section 58 — collecting information about terrorism
Correct answer: Section 19 — failure to disclose information about terrorism to the police as soon as reasonably practicable
Section 19 of the Terrorism Act 2000 makes it an offence to fail, without reasonable excuse, to disclose information which a person believes might be of material assistance in preventing an act of terrorism or in apprehending a person involved in terrorism.
Question 5: What powers does a security guard have under the Criminal Law Act 1967 in relation to trespassers?
- To arrest any person who refuses to leave when asked
- A security guard can use reasonable force to remove a trespasser once they have been asked to leave and have refused, relying on the property owner's right to exclude trespassers (Correct answer)
- Trespass is a criminal offence and security guards can arrest for it
- Security guards have no powers regarding trespassers without a police presence
Correct answer: A security guard can use reasonable force to remove a trespasser once they have been asked to leave and have refused, relying on the property owner's right to exclude trespassers
Civil trespass (being on land without permission) is not in itself a criminal offence, so there is no power of arrest for trespass alone. However, a property owner (and those authorised by them) can require a trespasser to leave and use reasonable force to remove them if they refuse, relying on property rights at common law.
Question 6: Which legislation prohibits security guards from carrying offensive weapons or having them in a public place without lawful authority or reasonable excuse?
- The Offensive Weapons Act 2019
- The Prevention of Crime Act 1953 and the Criminal Justice Act 1988 (Correct answer)
- The Private Security Industry Act 2001
- The Police and Criminal Evidence Act 1984
Correct answer: The Prevention of Crime Act 1953 and the Criminal Justice Act 1988
The Prevention of Crime Act 1953 prohibits carrying offensive weapons in public without lawful authority or reasonable excuse. The Criminal Justice Act 1988 (s.139) further prohibits carrying bladed or pointed articles in public without good reason. Security guards are bound by both Acts.
