Security from £15.95+VAT an hour*
Security from £14.95+VAT an hour*
22 February 2023
In the course of their duties, security staff can expect to encounter occasional confrontations and situations where some form of physical intervention is required. That may be necessary to prevent a crime or to respond when they suspect a crime has already taken place. However, in British law, a security operative has no special legal powers and no more rights than any other ordinary citizen. In this article, we therefore consider how can such staff work effectively, responsibly and in compliance with the law.
When thinking about legal compliance, it’s important to begin by considering what security officers are not allowed to do. Most importantly, they are not allowed to:
The prohibition on touching and searching people might sound surprising. After all, it’s common to see security operatives checking bags at event venues. Similarly, most of us will at least have heard tales of security staff who have had to act in order to apprehend a thief, to prevent a fight or to deny entrance to a customer who was obviously drunk. These and other examples would imply that some degree of physical intervention is inevitable in the role.
Despite appearances, there is no contradiction here. When performing such actions, security staff are typically just applying rights that all members of the public have – such as the right to perform a citizen’s arrest. The difference is that a good security officer understands where those rights start and finish.
The following are examples of actions that security staff can safely and legally take.
In the UK, anyone is entitled to stop and detain another person if they have reasonable grounds to believe that that person has committed an offence. Thus, if a security officer witnesses a crime such as a theft, an assault, vandalism or anything similar, then he/she can lawfully detain that person and await the arrival of a police officer – to whom that offence should then be reported.
This is one of the key roles of most types of security professional, and this right of apprehension is the one that enables them to perform many of their duties, whether they take place in a shopping centre, a business premises, a licensed premises or on site-patrol. To aid them in this role, they are permitted to carry handcuffs, provided that they are suitably trained and licensed. However, in all such situations, they must wear their identification badge and ensure that it is visible at all times.
Security staff may only search another person’s bags or clothing if that person has given their permission. The only exceptions to this rule are if an item has been left unattended and may be considered a risk to safety (e.g., if it can be considered a bomb threat or a trip hazard), or if the person being searched has lost consciousness and their condition needs to be assessed.
If the owner of the baggage or clothing refuses permission, then staff may not search it but, conversely, they can then refuse that person entry to whatever premises they are safeguarding. For reasons of safety, venue owners are entitled to make such searches a condition of entry and visitors can make their choice accordingly.
Security staff can remove people from premises if, for example, one or more individuals is behaving aggressively, causing (or risking) damage, or otherwise creating nuisance, either for the building owners or other customers. In any private venue, the owner/manager is entitled to refuse entry and security staff are entitled to enforce those wishes. That does not mean that they can use violence but they can bar entry, they can defend themselves against any assault and, as a last recourse, they can use minimal reasonable force to eject someone who is already inside and causing damage or nuisance.
Sometimes, security staff will be aware that an individual or group has been causing problems elsewhere. In other cases, an individual may be a known offender with a history of shoplifting or antisocial behaviour. It these and similar situations, security staff are entitled to follow the individual(s) in question and keep them under surveillance, and this can include making it known that the persons in question are being closely watched.
Regardless of legal considerations, it’s also important to remember that, when working on behalf of a client, a security professional is acting as an extension to its brand. Thus, when dealing with confrontation or other difficult circumstances, staff should always continue to show control, respect and restraint. Clearly demonstrating those values will help to de-escalate potentially challenging situations and will help to ensure that no actions on the security officer’s part could be misinterpreted as aggression or harassment.
All our staff undergo intensive training to ensure that they can act effectively safely and within the law. For information about any aspect of manned guarding and security services, please contact us today on 0800 035 6607</a..