The role of the security guard is one which is often misunderstood in the UK, with many people either over or underestimating the amount of power that they have, and can use when protecting their charges from criminal activity.
Security guards do possess certain powers that enable them to deal with incidents and protect property and people, but these powers are not equivalent to those of the police. The authority they have stems from the same rights as any other citizen under the law, specifically under the principle of a “citizen’s arrest.”
According to the Criminal Law Act 1967, Section 24A, any person, including security guards, has the right to perform a citizen’s arrest under specific circumstances. These conditions generally include when a crime is being committed, or the guard has reasonable grounds to suspect a crime is being committed, and it is not feasible for a police officer to make the arrest instead.
For a security guard to legally carry out a citizen’s arrest, they must:
- Witness the crime happening or have reasonable grounds to suspect the crime is taking place or has occurred.
- Act reasonably by informing the suspect of the arrest reason, unless the situation makes it impracticable to communicate or the guard believes the suspect is already aware of this.
- Use no more force than is necessary to make the arrest.
- Following the arrest, the security guard is required to transfer the custody of the detainee to the police as soon as possible. Failure to do so could result in legal repercussions for unlawful detention or assault.
It’s crucial to understand that the role of 24/7 security guards is primarily to deter crime, report incidents, and ensure the safety of people and property.
Their intervention in making an arrest is a last resort, used only when absolutely necessary for the prevention of crime or in the interest of public safety.
In professional settings, security guards and firms operate under strict guidelines to ensure their actions are lawful and justified.
Training for security personnel often includes understanding the legal implications of making a citizen’s arrest and how to handle such situations effectively and safely.
Moreover, the security industry in the UK is regulated by the Security Industry Authority (SIA), which sets the standards for training and conduct of licensed security operatives.
These standards ensure that guards are equipped with the knowledge and skills to perform their duties within the law, including understanding when and how they can make a citizen’s arrest.
In summary, while security guards in the UK do have the authority to arrest individuals under certain conditions, it is governed by the same legal framework that applies to all citizens.
This power is a responsibility that comes with the need for judicious use, proper training, and an understanding of the legal implications involved. The primary focus of security personnel remains the protection and safety of people and property, with the use of arrest powers as a measure of last resort.