SIA Guard UK Security Legislation 3 — Questions and Answers
Question 1: Under the Misuse of Drugs Act 1971, what power does a security guard have if they discover someone in possession of controlled drugs?
- They can seize the drugs and destroy them
- A security guard has no statutory search power for drugs but can use a citizen's arrest under s.24A PACE if an indictable offence (such as drug possession) is being committed and certain conditions are met (Correct answer)
- They can issue a penalty notice for drug possession
- They must ignore drug possession and only report it to the police
Correct answer: A security guard has no statutory search power for drugs but can use a citizen's arrest under s.24A PACE if an indictable offence (such as drug possession) is being committed and certain conditions are met
Security guards have no special statutory powers to search for or seize drugs. However, where they witness drug possession (which may be an indictable offence), they may exercise a citizen's arrest under s.24A PACE 1984 if the conditions are met, and then surrender the person to the police.
Question 2: What does the Occupiers' Liability Act 1957 require of premises owners (occupiers) in relation to visitors?
- To keep visitors under constant supervision
- To take such care as in all the circumstances is reasonable to see that the visitor will be reasonably safe in using the premises for the purposes for which they are invited (Correct answer)
- To provide all visitors with a written risk assessment before entry
- To ensure no visitor can ever be injured on the premises
Correct answer: To take such care as in all the circumstances is reasonable to see that the visitor will be reasonably safe in using the premises for the purposes for which they are invited
The Occupiers' Liability Act 1957 imposes a common duty of care on occupiers to all lawful visitors, requiring reasonable care to ensure visitors are reasonably safe using the premises for the permitted purpose. This duty underpins much of the safety management work that security officers support.
Question 3: Which legislation gives a security guard working on licensed premises grounds to refuse entry or eject a person who is disorderly?
- The Security Guard has no legal grounds to refuse or eject anyone
- The common law right to refuse entry to private premises, supported by the Licensing Act 2003 (which requires the premises to prevent public nuisance and crime), and the Criminal Law Act 1967 (reasonable force to prevent crime) (Correct answer)
- The Public Order Act 1986 only — which applies to police, not civilians
- The Consumer Rights Act 2015 — which prohibits unreasonable refusal of service
Correct answer: The common law right to refuse entry to private premises, supported by the Licensing Act 2003 (which requires the premises to prevent public nuisance and crime), and the Criminal Law Act 1967 (reasonable force to prevent crime)
A licensed premises has the right to refuse admission and to eject disorderly persons under common law property rights. The Licensing Act 2003 imposes objectives including prevention of crime and public nuisance, supporting the grounds for refusal. Reasonable force under the Criminal Law Act 1967 may be used if necessary.
Question 4: Under the Counter-Terrorism and Security Act 2015, what duty is placed on businesses in the context of preventing radicalisation?
- A statutory duty to report all suspicious persons to MI5 directly
- The Prevent duty requires specified authorities to have due regard to the need to prevent people from being drawn into terrorism — applicable to certain specified bodies, not generally to commercial premises security (Correct answer)
- All security guards must complete terrorism awareness training annually under this Act
- Security companies must submit quarterly terrorism risk reports to the Home Office
Correct answer: The Prevent duty requires specified authorities to have due regard to the need to prevent people from being drawn into terrorism — applicable to certain specified bodies, not generally to commercial premises security
The Counter-Terrorism and Security Act 2015 Prevent duty applies to specified authorities (schools, prisons, local authorities, NHS, etc.) who must have due regard to preventing radicalisation. While not directly imposing duties on all commercial security, the principle informs security awareness training and the importance of reporting concerns through appropriate channels.
Question 5: What is a 'dispersal order' under the Anti-social Behaviour, Crime and Policing Act 2014, and can a security guard use one?
- A security guard's standard authority to move people on from private property
- A power available to police constables and designated PCSOs to require individuals to leave a specified area for up to 48 hours — security guards cannot issue dispersal orders (Correct answer)
- A court order requiring a named individual to leave an area
- A tool available to all door supervisors for managing queues
Correct answer: A power available to police constables and designated PCSOs to require individuals to leave a specified area for up to 48 hours — security guards cannot issue dispersal orders
Dispersal orders under the Anti-social Behaviour, Crime and Policing Act 2014 are a police power (available to officers and designated PCSOs) to direct persons causing nuisance to leave an area for up to 48 hours. Security guards do not have this statutory power — their authority to move people on is based on property rights, not this Act.
Question 6: Under the Serious Organised Crime and Police Act 2005 (SOCPA), what change was made to the powers of arrest for ordinary citizens?
- Citizens lost all powers of arrest under SOCPA
- SOCPA replaced the old citizen's arrest powers with s.24A PACE (inserted by SOCPA), limiting arrest to situations where a constable's involvement is not reasonably practicable and arrest is necessary to prevent harm, loss of evidence, or escape (Correct answer)
- SOCPA extended full police powers to licensed security guards
- SOCPA made all public order offences arrestable by any citizen
Correct answer: SOCPA replaced the old citizen's arrest powers with s.24A PACE (inserted by SOCPA), limiting arrest to situations where a constable's involvement is not reasonably practicable and arrest is necessary to prevent harm, loss of evidence, or escape
SOCPA 2005 amended PACE 1984 by inserting s.24A, which replaced the old citizen's arrest under s.24(6). The new power restricts citizen's arrest to situations where a constable is not available, the arrest is necessary (for specified reasons), and an indictable offence has been committed or is being committed.
SIA Guard UK Security Legislation 3
Under the Misuse of Drugs Act 1971, what power does a security guard have if they discover someone in possession of controlled drugs?