Security guards are employed by businesses and organisations for two main reasons. To deter threats such as theft and vandalism, and to deal with these issues if they arise. Some people believe that as guards are employed to deal with crime, they have the same rights and powers as those who work in the police force.
However, this is not the case. Security guards have no more rights or legal authority than members of the general public (you could even deny speaking to a guard if you didn’t want to). So, what are security guards legally allowed to do? Can security guards detain you if they believe you’re committing a crime?
We’ll be discussing this and more such as what security guards can and can’t do in the UK, if they can make arrests, and whether security guards are allowed to touch you.
Table of Contents
Can Security Guards Touch You?
Security guards are allowed to touch you, within reason. For example, a security guard is allowed, like any member of the general public, to perform a citizen’s arrest on you. Therefore, they are allowed to touch you during this process. Security guards are also allowed to use reasonable force like everyone else.
Guards can also touch you for the purpose of performing a physical search. For example when entering an event or building, guards can perform a physical search to ensure no prohibited items are trying to be smuggled in. They can also escort you from private property or stop you from entering private property with reasonable force.
Can Security Guards Detain You?
Security guards are legally allowed to detain you in the form of a citizen’s arrest, as is any member of the public. But this can only be performed in certain situations.
They can escort you from private property and stop you from entering, but again only with reasonable force. They cannot aggressively or forcibly detain someone against their will.
Can Security Guards Arrest You?
Like any other member of the public, security guards are allowed to perform a citizen’s arrest if they have reasonable grounds for suspicion of the person they plan on arresting. They cannot arrest you in the same sense as a police officer can though. Being able to arrest and take someone into custody is something only the police can do.
There are certain conditions that the situation must meet in order for the citizen’s arrest to be a legal one. These come under Section 24A of the Police and Criminal Evidence Act 1984.
Here are the conditions under which a person can perform a citizen’s arrest:
- If you’ve witnessed or have reasonable grounds to suspect that a person has committed a crime.
- If you’ve got reasonable grounds to suspect that a person is in the act of committing a crime.
- To protect a person from causing physical injury to themselves or others.
- To prevent a person from damaging the property or causing a loss to the business/organisation.
- If you believe that it isn’t practical at that moment for a police constable to make the arrest themselves.
- To prevent a person from running away and leaving the scene before a police constable arrives to take responsibility for them.
Can A Security Guard Physically Restrain You?
A security guard, like the general public, can only physically restrain someone during a citizen’s arrest. If the conditions for carrying this out aren’t met, or reasonable force is exceeded, then a security guard cannot physically restrain you.
The force used by a security guard must be of a reasonable amount. This means that any levels of force such as physical restraint and grabbing must only be used when completely necessary and when in the process of detaining someone. This could be if you attempt to escape after committing an offence or if it’s believed that you could cause damage to yourself or others in the vicinity.
Can A Security Guard Search You?
A security guard isn’t allowed to search you or your possessions without your consent if you’re present and conscious. This includes searching your bag and your car.
This also applies to security guards who believe that they’ve caught a shoplifter. The guard wouldn’t be permitted to conduct a forced search if the person doesn’t give them permission. In this scenario, they would have to detain the suspected shoplifter until a police constable arrives and can conduct one.
However, there are some scenarios in which a search could be made without the person’s consent:
- If a bag or any other type of belonging or possession has been left unattended in a suspicious circumstance. In this instance, they have the right to search the bag as it could pose as a threat to the safety of those nearby.
- If the person is unconscious and they’re trying to identify them in order to help. Here, the security guard is allowed to search their bag.
Can A Security Guard Carry Weapons In The UK?
The short answer is no. The UK has strong laws against carrying firearms. This means that they cannot carry any form of weapon, such as batons, guns, tasers, or pepper spray.
Can Security Guards Use Handcuffs?
Security guards are allowed to carry handcuffs and use them to help detain people when necessary. Despite this, it’s recommended that they have proper training before being allowed to use them while on the job. This is so they can use them safely and avoid injuring either themselves or the detained person in the process.
FAQs: What Can Security Guards Legally Do?
There are many questions surrounding what guards are legally allowed to do. We’ve listed and answered the most popular questions in more detail below:
Can Security Guards Touch You And Can A Security Guard Grab You?
Yes, security guards, just like anyone else, have the right to use reasonable force against someone. This means they can touch you in order to perform a citizen’s arrest or to remove you from somewhere if necessary. This doesn’t mean, however, that they can use any kind of violence against anyone. This is normally the last resort to resolve a safety situation, as guards only use force when necessary.
Can Security Guards Follow You?
If a security guard has reason to believe someone is involved in or may be about to commit a crime, they can follow you in order to resolve the situation or to gather more information. For example, if someone trespasses on a site, a security guard is allowed to follow that individual.
Can Male Security Guards Search A Female?
There is no law against security guards of the opposite gender searching the other when only outer clothing such as jackets are removed. Although, it is common practice that security guards of the same gender search individuals of the same gender in circumstances such as entering a venue. That’s why there are normally multiple security officers of both genders for larger events.
Does A Security Guard Have The Right To Search You, And Can Security Guards Search Your Bag?
Security guards can only search you or your bag if you give consent. However, if you don’t give this, they may ask you to leave a venue or refuse entry somewhere due to safety risks.
Can You Defend Yourself Against A Security Guard?
Reasonable force can be used in situations that require you to protect yourself. Though this is used as a last resort. Security guards won’t typically try to detain or question individuals unless they’re given reasonable justification.
Can A Security Guard Handcuff You?
Security guards can use handcuffs if they have the necessary training and licence. They cannot arrest you, apart from a citizen’s arrest.
Can A Security Guard Physically Remove You?
Yes, a security guard can remove you from the premises if they have just cause. They cannot use violence against you, but do have the right to remove you from private property if you don’t have the right to be there. They’re allowed to use reasonable force to do so. This is only done when it’s completely necessary though.
Can A Security Guard Ask You To Leave If You Don’t Comply?
If a security guard asks to search your bag and you refuse, they have the right to deny you entry to the premises. This applies whether it’s a club, bar, or any other venue. It’s often a safety standard rule set by businesses that run through the night.
How Long Can A Security Guard Detain You?
There is no set amount of time that security guards are allowed to detain you for. It’s typically until law enforcement officers such as the police have arrived.
Can A Security Guard Detain You For Trespassing?
Yes, it’s possible for a security guard to detain you for trespassing. If a guard believes that you’re committing a crime such as trying to break into a property, then they can detain you until the police arrive.
Can A Security Guard Ban You From A Store?
Security guards can’t typically ban you from a store. This decision is often down to the owners of the shop. However, security guards are allowed to refuse your entry into a venue if there are grounds to suggest that you’ve committed a crime.
Can Security Guards Use Force?
A common question asked about guards is whether they are allowed to use force when they are detaining you or stopping a crime. The answer is security guards aren’t allowed to be forceful or harmful. According to the government, the Criminal Law Act of 1967 states that security guards are only allowed to use reasonable force to prevent crimes.
So, Can Security Guards Detain You?
The key point here is that security guards can detain you if they believe you’re committing a crime, but they’re unable to officially arrest you. Guards in the UK have the same authority and rights as any other UK citizen as they don’t get any extra power or privileges like the police force.
Their presence alone often acts as a deterrent for potential thieves and vandals. Although, if a situation arises, they’re well-trained and equipped to identify and deal with it quickly and calmly.
If you would like to keep updated with all the latest security guard news, why not check out our blog? Where you can find articles about what guards are allowed to carry and what equipment every security guard needs.
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