Legislation SIA
What is Civil Law?
Civil law is a type of law that helps people solve problems they have with each other. These problems can be about many different things like when people buy a house or when someone gets hurt.
In civil law cases, one person (called the “plaintiff”) says that the other person (called the “defendant”) did something wrong, and they want the defendant to pay them money to make up for it.
Civil law is used in many countries around the world, and it’s based on written rules that judges use to make decisions about these problems.
They also deal with things like money owed, family and matrimonial disputes, property disputes, custody of children, adoption, libel and slander (known as defamation in Scotland)
The standard of proof in the civil court is ‘on the balance of probabilities’.
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What is Criminal Law?
Criminal law is a type of law that helps keep our communities safe by punishing people who do bad things that hurt other people or break the rules we all follow.
Criminal law is different from civil law, which is about solving problems between people. Instead, criminal law is about the government punishing people who do things like stealing, hurting someone, or breaking other important rules.
If someone breaks a criminal law, the government (usually the police) can investigate and put them on trial in a court. If the person is found guilty, they may be punished with things like having to pay a fine or going to jail. The goal is to make sure that people who break the law understand that it’s not okay and to keep our communities safe.
In summary, criminal law is concerned with punishing individuals who have committed crimes such as murder, theft, fraud, and other illegal acts. Standard of proof in the criminal courts is ‘beyond reasonable doubt’.
What are some examples of criminal law offences?
Murder
Kidnap (Abduction in Scots Law)
Rape
Assaults and sexual assaults
Drugs offences
Public order offences
Possession of weapons
Theft, fraud and Burglary (Housebreaking in Scotland)
Robbery
Criminal damage
Arson (Wilful fire raising in Scotland)
Firearms offences
Can I make arrests as a security officer?
Some criminal offenses are considered very serious, and the law allows security operatives and members of the public to arrest individuals who are suspected of committing these offenses. This is because these offenses pose a serious threat to public safety and well-being, and immediate action is needed to protect people from harm.
For example, if someone sees a person committing a violent crime such as assault or robbery, they can call the police and even try to physically stop the person from leaving the scene of the crime. Similarly, security operatives such as police officers, security guards, or other authorized individuals have the power to arrest someone they suspect has committed a serious offense, such as murder, kidnapping, or drug trafficking.
It’s important to note that these powers of arrest come with a lot of responsibility, and individuals who exercise them must do so carefully and within the bounds of the law. In some cases, making a citizen’s arrest can be risky, so it’s important to call for professional help if possible.