Lesson 1: Your legal position
Security officers and door supervisors are not police officers. In most situations you have the same legal powers as any member of the public. Your licence lets you work, but it does not give you extra powers to arrest, search or use force.
The UK has three legal systems: England and Wales, Scotland, and Northern Ireland. The main ideas are similar, but the laws have different names and some rules differ. Always check which law applies where you work.
Criminal law and the courts
In England and Wales, offences are grouped by how serious they are and where they can be tried:
| Type | Where it is tried | Examples (GOV.UK) |
|---|---|---|
| Summary offence | Magistrates' court | Most motoring offences, minor criminal damage, common assault with no significant injury |
| Either-way offence | Magistrates' court or Crown Court | Burglary, drugs offences |
| Indictable-only offence | Crown Court | Murder, rape, robbery |
The Theft Act 1968 (England and Wales) says theft is dishonestly appropriating property belonging to another with the intention of permanently depriving them of it.
Rights and equality
The Human Rights Act 1998 brings rights from the European Convention into UK law. They include the right to liberty and security (Article 5) and respect for private and family life (Article 8). Holding or searching someone touches these rights, so you need a lawful reason.
The Equality Act 2010 lists nine protected characteristics, such as age, disability, race, religion or belief and sex. It applies in England, Wales and Scotland; Northern Ireland has its own equality laws. Treat everyone fairly and the same way.
Lesson 2: Citizen's arrest in England and Wales
Section 24A of the Police and Criminal Evidence Act 1984 (PACE) gives a power of arrest without a warrant to anyone who is not a constable. It only covers indictable offences. Under the Interpretation Act 1978, an indictable offence means one that is indictable only or triable either way. It does not cover summary-only offences.
Who you may arrest
- Anyone who is in the act of committing an indictable offence, or whom you have reasonable grounds to suspect is doing so
- Where an indictable offence has been committed, anyone who is guilty of it, or whom you have reasonable grounds to suspect is guilty
Two extra conditions
You may only arrest if both of these apply:
- You have reasonable grounds to believe arrest is necessary to stop the person: causing physical injury to themselves or anyone else; suffering physical injury; causing loss of or damage to property; or making off before a constable can take responsibility for them.
- It appears that it is not reasonably practicable for a constable to make the arrest instead.
After the arrest
Section 28 of PACE says an arrest is not lawful unless the person is told that they are under arrest and the reason, at the time or as soon as practicable. Then:
- Call the police straight away and hand the person over as soon as possible.
- Keep the person safe. You are responsible for their welfare while you hold them.
- Write down what happened, what you saw and what was said, as soon as you can.
Lesson 3: Scotland and Northern Ireland
Northern Ireland: Article 26A of the Police and Criminal Evidence (Northern Ireland) Order 1989 gives people other than constables a power of arrest. It works like section 24A: indictable offences only, a necessary reason from the same list, and no constable reasonably able to do it instead.
Scotland: PACE does not apply. The statutory arrest powers in the Criminal Justice (Scotland) Act 2016 are for constables. Private citizens have only limited common law powers of arrest. Citizens Advice Scotland says they should be used with great care:
- The crime should be more serious than a breach of the peace.
- You should be sure a crime happened, for example because you saw it or were the victim.
- Reasonable force may be used if the person resists.
- The person must be handed to the police as soon as possible.
- A wrongful arrest can lead to a claim for compensation.
| Nation | Main source of citizen's arrest power |
|---|---|
| England and Wales | PACE 1984, section 24A |
| Nordirland | PACE (NI) Order 1989, Article 26A |
| Schottland | Common law (limited) |
Lesson 4: Reasonable force and weapons
Section 3 of the Criminal Law Act 1967 (England and Wales) says a person may use such force as is reasonable in the circumstances to prevent crime or to make or help a lawful arrest. Northern Ireland has the same rule in section 3 of the Criminal Law Act (Northern Ireland) 1967. In Scotland, force used during a citizen's arrest must also be reasonable.
How courts judge force
Section 76 of the Criminal Justice and Immigration Act 2008 explains how reasonable force is judged in England and Wales:
- Force is judged on the facts as you genuinely believed them to be, even if you were mistaken.
- You cannot rely on a mistake caused by drink or drugs you chose to take.
- Force that was disproportionate is not reasonable. (A wider rule for householders defending their home does not cover normal security work.)
- There is no duty to retreat, but a chance to retreat is one factor the court looks at.
- The law accepts that in an emergency you may not be able to judge the exact amount of force needed. Honest, instinctive action is strong evidence that it was reasonable.
Courts look at the whole situation when they judge force.
- The threat: what you faced, any weapon, and the people involved.
- Necessity: whether force was needed at that moment.
- Proportionality: whether the force matched the threat.
- Other options: whether you could have stepped back, kept talking or waited for police.
- Aftermath: stop as soon as the need ends, give first aid and report.
Never carry a weapon
Section 1 of the Prevention of Crime Act 1953 (England and Wales) makes it an offence to have an offensive weapon in a public place without lawful authority or reasonable excuse. An offensive weapon includes anything made or adapted to injure someone. An SIA licence is not lawful authority to carry one.
Lesson 5: Trespass and searching
Trespass
The Crown Prosecution Service (CPS) says that in England and Wales trespass is not of itself a criminal offence. It is usually a civil matter. It becomes a crime only when it is part of a specific offence, for example:
- Aggravated trespass (section 68, Criminal Justice and Public Order Act 1994): a trespasser does an act meant to intimidate, obstruct or disrupt a lawful activity.
- Squatting in a residential building, such as a house or flat. GOV.UK says this is a crime; squatting in a non-residential building is not a crime in itself, but damaging the property is.
If someone is on a site without permission, ask them politely to leave, explain why and give them time to go. Follow your assignment instructions, and call the police if an offence is being committed or you feel unsafe.
Searching
The stop and search power in section 1 of PACE belongs to constables. Security staff have no general power to search people. A site or venue may make a search a condition of entry, but the search must be done with the person's consent. If they refuse, you can refuse entry; you cannot force a search.
Good practice for a search done with consent.
- Ask for permission and explain why.
- Where possible, a searcher of the same sex as the person.
- Have a witness or CCTV present.
- Search carefully and in a set order.
- Record the search and anything found.
Quellen
- Police and Criminal Evidence Act 1984, section 24A
- Police and Criminal Evidence Act 1984, section 28
- PACE (Northern Ireland) Order 1989, Article 26A
- Citizens Advice Scotland: arrest in Scotland
- Criminal Law Act 1967, section 3
- Criminal Justice and Immigration Act 2008, section 76
- CPS legal guidance: trespass and nuisance on land
- GOV.UK: magistrates' courts
- Prevention of Crime Act 1953, section 1
- Human Rights Act 1998, Schedule 1
- Equality Act 2010, section 4
- Police and Criminal Evidence Act 1984, section 1
- Criminal Law Act (Northern Ireland) 1967, section 3
- Explanatory notes, Serious Organised Crime and Police Act 2005, section 111
- Theft Act 1968, section 1
- GOV.UK: squatting and the law
- Criminal Justice (Scotland) Act 2016, section 1
- Interpretation Act 1978, Schedule 1