What Security Guards Can and Can’t Do
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September 27, 2024
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What Legal Powers Do Security Officers Have?
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What Legal Powers Do Security Officers Have?
In the UK, security officers play a key role in keeping people and property safe. However, their powers are limited, and they must follow strict guidelines. This blog explains what security officers can do, including questions about searching, detaining, and store bans. We’ll also cover essential topics like false stoppage and whether you can complain if you believe you’ve been unfairly targeted.
Can Security Guards Search Your Bags in the UK?
Security guards do not have the right to search your bags without your consent. They may ask you to open your bag, but you have the right to refuse. If you refuse, they may deny you entry or ask you to leave the premises, but they cannot forcibly search your belongings unless you agree.
If they suspect you have committed a crime, they can detain you until the police arrive, and the police will have the legal authority to search if necessary.
What Security Guards Can and Can’t Do in the UK
Security guards have certain powers but cannot act like the police. Here’s a clear breakdown:
What Security Guards Can Do:
- Detain someoneusing a citizen’s arrest if they witness a crime, such as theft.
- Ask people to leaveprivate property if they need to follow the rules.
- Call the policeand cooperate by providing information or evidence.
- Observe and reportany suspicious behaviour to management or the authorities.
What Security Guards Can’t Do:
- Search your bagswithout your permission.
- Arrest youunless they witness a crime, only as a citizen’s arrest.
- Use excessive forcebeyond what is necessary to protect themselves or others.
Can a Security Guard Ban You from a Store?
Yes, security guards can ban you from a store if you violate store policies or behave disruptively. The store manager typically makes this decision, but security officers are responsible for enforcing the ban. You may be considered trespassing if you attempt to re-enter after being banned.
Can a Security Guard Detain You in the UK?
Security guards can detain you if they see you committing a crime, such as theft. This is a citizen’s arrest, and the Police and Criminal Evidence Act 1984 governs it. They must explain why they are detaining you and contact the police immediately.
How Long Can a Security Guard Detain You?
A security guard can only detain you for as long as it takes for the police to arrive. There is no set time limit, but the detention must be reasonable. The guard should notify the police as soon as possible, and the police will take over the situation once they arrive.
What Can Security Guards Do Legally?
Security guards in the UK are legally allowed to:
- Detain individualsif they witness a crime.
- Remove individualsfrom private property if they are causing a disturbance or breaking the rules.
- Use reasonable forceif necessary to prevent harm or a crime.
- Ask them to search your belongings, but they cannot force you to agree.
Can a Security Guard Search Your Bag?
No, security guards cannot search your bag without your consent. They can request to search it, but you are allowed to refuse. If you refuse, they may ask you to leave or deny entry, but they can only physically search your bag if you permit them.
Can a Security Guard Touch You?
Security officers are allowed to touch you only if necessary to stop you from committing a crime or to protect themselves or others. Any physical contact must be reasonable and justifiable. Security officers who touch you without a good reason could face legal consequences.
What Happens in the Case of a False Stop? Is This Allowed?
Security guards must have reasonable grounds to stop or detain someone. If you believe you were stopped for no valid reason or falsely accused of a crime, this could be considered a “false stop.” This is not allowed, and the security officer could face legal action if they stop you without cause.
Can I Complain About a False Stop Due to Bias?
Yes, you can file a complaint if you believe you were unfairly targeted or stopped due to bias, such as racial profiling or discrimination. You can make the complaint to the security company, the business where the incident took place, or the Security Industry Authority (SIA). If you feel the situation involves discrimination, you can also seek advice from the Equality and Human Rights Commission
If your complaint is severe, you may also want to seek legal advice or escalate the matter to a governing body, like the police or a legal professional specialising in discrimination cases.
Security officers have significant responsibilities, but their powers are limited. They can detain or remove someone under specific conditions but must always act within the law. Understanding what security officers can and cannot do is essential for the public and security professionals.
Proper training is vital if you’re interested in becoming a security officer. London Security College offers SIA training courses to ensure all security personnel know their legal duties and limitations.
Sources:
- UK: https://www.gov.uk/citizens-arrest
- Security Industry Authority (SIA): https://www.gov.uk/government/organisations/security-industry-authority
- Police and Criminal Evidence Act 1984: https://www.legislation.gov.uk/ukpga/1984/60
- Equality and Human Rights Commission: https://www.equalityhumanrights.com
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