2. 2
monies owed and family, matrimonial, property,
custody, adoption, libel and slander.
Civil laws
Civil laws normally deal with civil (non-criminal)
disputes, such as:
Security officers do not normally deal with civil disputes.
The one civil matter that security officers regularly
have to deal with is where the offence of ‘trespass’ is
committed.
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Trespass
● Not normally a criminal offence
● An act of interference against the
lawful occupier
● Can be actionable through the civil courts
● ‘Lawful occupier' is someone who owns, occupies or
has control over the property
● On sites it means the owner, manager or person
in charge
● Includes any members of staff acting on their behalf,
which includes security officers.
Trespass:
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Trespass
Have no right or reason to be there
Break criminal law
Breach specific site rules or conditions
If their behaviour becomes unacceptable.
Security officers may ask people
to leave a site if they:
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Request them to leave
REACT
R.E.A.C.T explains the best way to remove a trespasser:
R
Explain the reasons for the requestE
Appeal for them to leave, explaining what will happen if
they do not
A
Confirm that they still refuse to leave peacefullyC
Take action (eject).T
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Ejection
As a last resort, you may have to physically eject the
trespasser from the site. The law allows you to do this
provided that:
No more force is used than
necessary to remove
the trespasser from
the premises.
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Criminal trespass
● Trespass can become a criminal offence in certain
circumstances, and so may require police attendance.
● Special powers of arrest and prosecution have been given to
the police, under the Criminal Justice and Public Order Act
1994, to deal with the following
specific types of criminal trespass:
Mass trespass
Trespass by hunt saboteurs
Trespass by squatters
Nuisance caused by raves.
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Serious crimes include:
● Murder
● Rape
● Assault (ABH, GBH,GBH w/i)
● Sexual assault
● Possession of firearms
● Possession of drugs
● Possession of drugs with intent to supply
● Supplying drugs
● Possession of an offensive weapon
● Possession of a bladed or sharply pointed article
● Theft, fraud, robbery, burglary
● Criminal damage (and with intent to endanger life)
● Threats to damage.
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Arrest
An arrest or apprehension
‘the taking or restraint of a person from his liberty in order that
he shall be forthcoming to answer an alleged crime or offence’.
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A breach of the peace is a common law
concept that has very ancient roots.
Breach of the peace
Breach of the peace
any disorder or disruption to the peace in public or in private
that results in violence, threat of violence or provokes
violence from another
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Arrest for breach of the peace
a) A breach of the peace is committed by the person
arrested in the presence of the person making the arrest
b) The person making the arrest reasonably believes that
such a breach will be committed in the immediate future
by the person whom he has arrested, although no
breach had occurred at that stage
c) A breach of the peace has been committed by the
person arrested, and the person making the arrest
reasonably believes that a renewal of it is threatened
Any person (including a security officer) may arrest
without warrant where:
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This is a rarely used power.
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Indictable offences
● Under Section 24a of the Police
and Criminal Evidence Act
(PACE) certain serious offences
have been given a special
condition within criminal
law and are known as
indictable offences
● The majority of serious crimes
that security officers
come across will fall within
this category
● Indictable offences are those
that may be tried at
Crown court.
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Arrest for indictable offences
a) Anyone who is in the act of committing an indictable offence
b) Anyone whom he has reasonable grounds for suspecting to be
committing an indictable offence and;
a) Anyone who is guilty of the offence
b) Anyone whom he has reasonable grounds for suspecting to be
guilty of it.
The law says that:
A person other than a constable (which includes security
officers) may arrest without a warrant:
Where an indictable offence has been committed, a person
other than a constable may arrest without a warrant:
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Arrest for indictable offences
However, this power of arrest is
exercisable only if:
The person making the arrest has
reasonable grounds for believing that
for any of the reasons mentioned it is
necessary to arrest the person in
question; and
It appears to the person making the
arrest that it is not reasonably practicable
for a constable to make it instead.
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Reasons to arrest
The reasons to arrest are to prevent the person from:
Causing physical injury to himself or any other person
Suffering physical injury
Causing loss of or damage to property
Making off before a constable can assume responsibility
for him.
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Power of arrest
Offences under this section, for which all security officers have
the same powers of arrest as other members of the public include:
● Murder
● Rape
● Assault (ABH, GBH and GBH w/i)
● Sexual assault
● Firearms offences
● Drugs offences
● Possession of offensive weapons
● Robbery
● Theft
● Burglary
● Fraud
● Criminal damage.
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When to arrest
Security officers should only arrest someone for one of
the following reasons:
a) To prevent an offence being committed
b) To prevent the continuance of an offence
c) To prevent the renewal of an offence
d) To detain someone for an offence already committed.
Arrest
The taking or restraining of a person from this liberty, in order that
they shall be forthcoming to answer an alleged crime or offence’.
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How to arrest
● Who you are (if not obvious);
‘I am a member of the security team here’
● That they are under arrest;
‘You are under arrest……...’
● What they are being arrested for;
‘…….for criminal damage’
● The grounds for the arrest;
‘I have just seen you breaking that window’
● That the police will be called.
‘We are calling the police and you must wait
here until they arrive.’
The person must be told:
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During arrest
When carrying out an arrest:
Use everyday words
Do not ‘caution’ the suspect
Explain the reasons for the arrest
Only use force if necessary, to prevent escape or assault
Treat the person reasonably
You are in charge of their welfare until police arrive.
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After arrest
● Call the police immediately
● Ensure the person’s welfare and
safe custody
● Watch the person
● Prevent escape
● Prevent assault
● Prevent disposal of evidence
● Provide statement to police if required
● Provide any other evidence or details
of witnesses
● Give evidence in court if required.
After arrest:
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Unlawful/false arrest
You can use your powers of arrest in the
course of crime prevention and detection
There have been relatively few successful
civil or criminal actions against security
staff for unlawful arrest
Use discretion and common sense when
deciding when to arrest
Ensure you have the power to arrest in
the first place.
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Your safety
● Assist with the arrest, or
● Make the arrest themselves.
Never put yourself in any unnecessary danger whilst effecting
an arrest.
KEY POINT
If you are in any doubt about your ability to make the
arrest, or about your personal safety, then the police
should be called to:
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The use of force
Security officers do occasionally
need to use force to carry
out their duties, and under
certain circumstances are legally
empowered to do so;
The use of force
Self-defence
Breach of the peace/saving life
Sec.3 Criminal Law Act.
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Self-defence
COMMON LAW –
The rules of self-defence:
‘If any person has an honestly held belief that he or another is in
imminent danger, then he may use such force as is reasonable
and necessary to avert that danger.’
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Breach of the peace
COMMON LAW –
Preventing a Breach of the Peace and Saving Life:
‘Any person may use such force as is reasonable in the
circumstances to prevent a breach of the peace or to save life’.
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Criminal Law Act
Sec.3 Criminal Law Act, 1967
This Act gives everyone, including security officers, the
authority to use: ‘such force as is reasonable in the
circumstances in the prevention of crime, or in effecting (or
assisting in) the lawful arrest of offenders, suspected offenders
or persons unlawfully at large.’
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The use of force
The questions that are likely to be asked about any
use of force are:
1. Was there a need to use the force?
2. Was the amount of force used reasonable or not?
3. What was the extent of the injuries compared to the amount of
resistance given?
4. What was the size and build of the injured party compared to the
security officer?
5. Were any weapons used or threatened by the other party?
6. At what stage did the security officer stop using the force?
7. Was the force applied in good faith or in a malicious way?
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Police Model
BEHAVIOUR IMPACT FACTORS RESPONSE
Compliance
(no resistance)
Sex/age/size/strength Security officer presence
(observing passive control)
Verbal resistance
(refusing to cooperate,
swearing, threatening)
Skills/knowledge Tactical communications
(verbal and non-verbal)
Passive resistance
(refusing to move/leave)
Alcohol/drugs/mental
impairment
Primary control skills (carrying
out, low level of force)
Active resistance
(pulling or pushing away,
struggling)
Injury/exhaustion/disadvantage Secondary control skills
(increase in force arm locks
and holds, etc.)
Assaultive/aggressive
resistance
(fighting, punching, kicking)
Numbers/weapons/danger Defensive tactics (blocks,
strikes and takedowns)
Serious/life-threatening
resistance
(armed or serious attach, risk of
serious harm or death)
Serious imminent danger Serious or deadly use of force
(action likely to or could cause
serious harm or even death)
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Evidence
● The identity of the accused
● Whether or not they committed the offence for which
they are on trial
● Any necessary knowledge or intent connected to the crime.
Evidence:
Information that may be presented to a court to decide on the
probability of some point in question, and particularly as to how it
may determine a person's guilt or innocence.
Facts to be proved or disproved:
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Relevance and admissibility
Relevance
Evidence is said to be relevant to court proceedings if its
existence tends to show the truth, or otherwise, of a fact
which is at issue in those proceedings
Admissibility
A fact is admissible when the law allows it to be proved
in evidence.
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Direct evidence
Direct evidence:
Means that of something seen, heard or experienced by the
person who relates it.
It normally connects the accused directly with the offence
in some way.
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Circumstantial evidence
Circumstantial:
Circumstantial evidence can be described as presumptive or
indirect evidence.
Although it does not prove the offence itself it proves
other facts which, when added to other evidence,
supports an inference or presumption of guilt.
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Hearsay
Hearsay:
Evidence is hearsay if it relates to something that a witness has
heard another person (not the accused) say about the offence,
but that they do not know to be true for themselves.
That evidence can only be given by the person who
experienced it for themselves.
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Oral evidence
Oral:
Oral evidence is that given by a witness when they verbally relate
to the court what happened.
The witness may recount from their first-hand knowledge
what they said, saw, heard, tasted, felt, smelt and did at
any relevant time.
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Documentary evidence
A security officer’s notebook or the incident log may be
tendered as evidence, or a stolen cheque which has been
passed as payment.
Documentary:
Documentary evidence includes any drawn, written or printed
document in any form which communicates visual or written
messages from one person to another.
Original document: primary evidence
Any copy of it: secondary evidence
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Real evidence
Real:
Anything that is produced as an exhibit to the court by any
person who has first-hand knowledge of its existence
and relevance to the matter in question.
Items such as weapons or drugs found by security
officers can be real evidence, as can any video recording
of an incident filmed by CCTV.
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Forensic evidence
Forensic:
Forensic evidence is scientific evidence like fingerprints,
footprints, DNA, blood and hair.
This type of evidence is vital to the police for linking
suspects to scenes, victims and crimes..
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Corroboration
Corroboration:
The evidence of certain witnesses can be confirmed and
supported by other evidence.
Corroboration is evidence in its own right which backs
up other evidence that the accused is guilty of the
offence.
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Opinion
● They should not give opinion in their evidence unless
specifically requested to do so by the court
● Particular subject experts may be called upon to give their
opinion about a set of facts or circumstances, but their
evidence is then very much open to challenge.
Opinion:
Witnesses should restrict their evidence to the facts
and matters in question.
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Perjury
Perjury:
It is a serious criminal offence for any person who is
lawfully sworn as a witness in judicial proceedings, to wilfully
make any statement which they know to be false or
do not believe to be true
At Crown court anyone found guilty of such an offence
may be sentenced to a term of imprisonment for up
to seven years.
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Preserving evidence
● Take charge of the scene
● Preserve valuable evidence for the police.
Preserving evidence
If a serious crime occurs on the premises, security
officers are in an ideal position to be able to:
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Preserving evidence
At a serious incident or at the scene of a crime, security
officers should:
Take control
Call for support
Inform the emergency services
Cordon off the area
Restrict access to the scene
Show the police any potential evidence
Record what they have done.
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Preserving evidence
Security officers should always consider:
CCTV evidence
Items used during a crime
Evidence like fingerprints, footprints, DNA, blood,
hair and tool marks
Forensic evidence like this is invaluable to the police
when investigating crimes and prosecuting offenders.
KEY POINT
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Reports
Records need to be completed
as soon as you are able
to following the incident
What details need recording
in which form will be
outlined in the A.I.s
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