Powers of a Security Officer Flashcards

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?

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).

After making a citizen's arrest, what must a security guard do with the person they have arrested?

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.

What must a security guard tell a person when they make a citizen's arrest?

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.

What is the legal basis for a security guard using force against a person in the UK?

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.

What does 'reasonable force' mean in UK law?

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.

Can a security guard detain (hold without arresting) a person they suspect of shoplifting on behalf of the store?

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.