Awareness of the Law in the Private Security Industry Unit 1 Awareness of the Law in the Private Security Industry

Law Security operatives play an increasing role in the fight against crime. Therefore it is important to gain a basic knowledge of the law. Laws are used to ensure that citizens abide by certain rules that are made to keep us all safe Laws tells us what we are not allowed to do, and allow us to be punished if we breach those laws There are two main types of law in the UK: Civil Law & Criminal Law

Two types of Law Criminal Law (common & statute) Crimes Powers of arrest Criminal record Fines and custodial sentences via criminal courts Civil law (governs our daily lives) Civil matters between parties No powers of arrest – not crimes Compensation via civil courts.

Civil Laws Labour Law Trespass Commercial Law Slander Family Law. Property Law Libel

Civil Laws - Trespass “Trespass is committed by a person who is improperly on someone else’s property without consent” Civil offence No power of arrest Eviction

Trespass Lawful occupier Open invitation Invitation may be withdrawn Ask person to leave Physical eviction if necessary Consider calling the police to assist

Criminal Laws Deception Sexual offences Robbery Rape Weapons Theft Burglary Drug offences Serious assaults Kidnap Murder Criminal damage Firearms offences. Because of the severity of some of these offences, security operatives and other members of the public have powers of arrest.

The Human Rights Act The European Convention on Human Rights was drafted after the end of WW2 In the UK we signed up to it in 1953, and we have now adopted the full Human Rights Act into our own systems of law

“The basic rights and freedoms that we are all entitled to” Human Rights “The basic rights and freedoms that we are all entitled to” As security operatives we have human rights but we must also ensure that we don’t breach someone else’s human rights when we deal with them

The Human Rights Act 1988 The Human Rights Act 1988 is split into articles The articles relevant to security operatives include: - the right to life - the prohibition of torture - the prohibition of slavery and forced labour - the right to liberty and security - the right to a fair trial. Article 2 Article 3 Article 4 Article 5 Article 6

The Human Rights Act 1988 - no punishment without law - the right to respect for private & family life - the right to freedom of thought, conscience and religion - the right to freedom of expression - the right to freedom of assembly and association - the prohibition of discrimination. Article 7 Article 8 Article 9 Article 10 Article 11 Article 14

The Data Protection Act of 1998 …is a piece of national legislation that… governs how information about us is held.

Data Protection All companies or organisations that gather, hold or process personal information or images of members of the public must: Abide by certain rules set out in the Data Protection Act Register with the Information Commissioner, the body responsible for enforcing the legislation.

Holding personal data Personal data must be processed fairly and lawfully 1 Personal data must be obtained for specified and lawful purposes 2 Personal data must be adequate, relevant and not excessive 3 Personal data must be accurate and up to date 4

Holding personal data Personal data must not be kept any longer than is necessary 5 Personal data must be processed in accordance with the right of the individual 6 Personal data must be kept securely 7 Personal data must not be transferred out of the country without adequate protection 8

Subject Access Request Controlling data The person in charge of a company or organisation gathering, holding or processing information is called the… An individual wanting access to personal information held about them can request to see it by submitting a… …to the data controller. Data Controller Subject Access Request

Treating a person less favourably than everyone else Discrimination Treating a person less favourably than everyone else In order to improve image and levels of professionalism, it is important to be aware of and act correctly in relation to equal opportunities issues Security operatives must provide the same quality of service to everyone not discriminate when carrying out their duties

Prejudices and stereotyping must not be used to discriminate A hostile attitude towards someone because they belong to a certain group Stereotyping: Security operatives rely on the public for support and confidence, therefore: Prejudices and stereotyping must not be used to discriminate It is important to remain impartial and reasonable at all times. Assuming certain people are all the same because they belong to a particular group

Do not discriminate, directly or indirectly, on the grounds of: Discrimination Do not discriminate, directly or indirectly, on the grounds of: Race Ethnicity Country of origin Colour Religion Sex Sexual orientation Disability Age Accent Social status

Discrimination All individuals have the right to be treated with consideration, dignity and respect Discrimination can be hurtful, insulting and demeaning to the recipient, and is not acceptable from security professionals

Equal opportunities Not only is discrimination unprofessional and unpleasant, it can be illegal Equal Opportunities legislation comprises of laws which prevent people from being deliberately or accidently discriminated against in the workplace.

The Race Relation Act 1976 This act makes it unlawful for anyone to discriminate directly or indirectly against any person on the grounds of Colour National origin Race Nationality Ethnicity

The Sex Discrimination Act 1975 This act makes it unlawful for anyone to discriminate directly or indirectly against any person (male or female) on the grounds of their: Sex Marital Status

The Disability Discrimination Act 1995 This act makes it unlawful for anyone to discriminate directly or indirectly against any person on the grounds of their: Mental ability Physical ability

The Equal Pay Act 1970 This act mandated equal pay for equal work regardless of an individuals sex/gender

The Employment Equality Act (Age) Regulations 2006 This act protects people aged 50 and over from being discriminated against in the areas of employment and education The Human Rights Act 1988 Article 14 of the act prohibits discrimination generally

Equal opportunities (enforcement) These acts can be enforced through the county courts, resulting in fines and/or compensation being awarded Complaints concerning racism or sex discrimination in the workplace can be made to the Commission for Racial Equality or the Equal Opportunities Commission

Vicarious liability …means that both security operatives and their employers could be prosecuted if a customer is discriminated against.

The Private Security Industry Act 2001 Aim: To regulate the UK’s private security industry The government formed a corporate body called Security Industry Authority (SIA) to do this, reporting directly to the Home Secretary.

The SIA’s main functions To license individuals in specific sectors and to approve security companies To keep under review the private security industry and the operation of the legislative framework To monitor the activities and the effectiveness of those working in the industry To conduct inspections To set and approve standards of conduct, training and supervision within the industry To make recommendations to improve standards.

The SIA Provides a public register of licensed individuals and a list of its Approved Contractor Scheme companies The Private Security Industry Act gives the SIA powers of entry and inspection to ensure compliance The SIA lists offences and sentences for those caught breaching the act