Powers of a Security Officer Flashcards

Under the Theft Act 1968, what is the offence of 'robbery' and how does it differ from simple theft?

Answer: Robbery is theft in which the offender uses force or threatens force immediately before or at the time of stealing — theft does not involve force or threats

Under s.8 of the Theft Act 1968, robbery is theft committed with the use of force or the threat of force against a person, immediately before or at the time of stealing. The use or threat of force is the key element distinguishing robbery from simple theft.

What is 'common assault' under the Criminal Justice Act 1988 and how can it be committed?

Answer: By intentionally or recklessly causing another person to apprehend immediate unlawful force (assault) or by applying unlawful force to another (battery), where the injury caused is minor

Common assault under s.39 CJA 1988 comprises assault (causing apprehension of immediate unlawful force) and battery (the unlawful application of force). Physical contact is not required for assault — threatening behaviour causing fear is sufficient. Battery involves actual physical contact however minor.

What does the term 'trespass to the person' mean in civil law, and how is it relevant to a security guard's use of force?

Answer: Intentionally causing direct physical contact with another (battery), direct threat of immediate harm (assault), or unlawful restraint (false imprisonment) — a security guard using excessive force commits trespass to the person in addition to any criminal offence

Trespass to the person in civil law includes battery (unlawful physical contact), assault (threat of immediate physical contact), and false imprisonment (unlawful restraint of liberty). A security guard using excessive or unauthorised force commits these civil wrongs, opening them to civil claims for damages in addition to criminal liability.

What power does a security guard have when asked by a police officer to assist in making an arrest?

Answer: A security guard can assist a police officer in making an arrest when asked, using reasonable force, relying on s.3 of the Criminal Law Act 1967 (reasonable force for lawful arrest) and the duty to assist a constable

Any citizen, including a security guard, can assist a police officer in making a lawful arrest when invited to do so. The authority comes from s.3 Criminal Law Act 1967 (reasonable force for lawful arrest) and the common law duty to assist an officer. The force used must still be reasonable.

Under the Protection from Harassment Act 1997, what conduct by a security guard could constitute harassment?

Answer: A course of conduct (on at least two occasions) that amounts to harassment of a person — such as repeatedly and aggressively following an individual, making threatening remarks, or persistently targeting a person in a way a reasonable person would find harassing

Under the Protection from Harassment Act 1997, harassment requires a course of conduct (at least twice) that the perpetrator knows or ought to know amounts to harassment. A security guard who repeatedly and aggressively targets a specific individual could commit this offence.

Under UK law, what is a 'lawful excuse' that could justify a security guard damaging property in emergency circumstances?

Answer: Section 5 of the Criminal Damage Act 1971 — a person has a lawful excuse for damaging property if they honestly believed the owner had consented, or if they did so to protect other property from immediate risk of damage

Section 5 of the Criminal Damage Act 1971 provides a lawful excuse where a person honestly believed the owner would consent, or damaged property to protect other property believed to be in immediate need of protection. This could apply if, for example, a security guard broke a window to prevent a fire spreading.