UK Security Legislation Flashcards

Under the Misuse of Drugs Act 1971, what power does a security guard have if they discover someone in possession of controlled drugs?

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.

What does the Occupiers' Liability Act 1957 require of premises owners (occupiers) in relation to visitors?

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.

Which legislation gives a security guard working on licensed premises grounds to refuse entry or eject a person who is disorderly?

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.

Under the Counter-Terrorism and Security Act 2015, what duty is placed on businesses in the context of preventing radicalisation?

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.

What is a 'dispersal order' under the Anti-social Behaviour, Crime and Policing Act 2014, and can a security guard use one?

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.

Under the Serious Organised Crime and Police Act 2005 (SOCPA), what change was made to the powers of arrest for ordinary citizens?

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.