On 31 March 2021 Kangs Solicitors published an article on this website explaining how the Private Security Industry Act 2001 (‘the Act’) laid out the regulatory framework for and created the Security Industry Authority (‘the SIA’) with the intent of raising and regulating standards within the industry.

The article noted the powers of the SIA to investigate breaches of the regulations and that those discovered to be acting unlawfully, whether individuals or corporate bodies, could find themselves subject to criminal prosecution which may lead to a prison sentence.

This article can be found by following the link below:

The SIA has recently released details of several concluded prosecutions upon which Helen Holder of Kangs Solicitors now focuses.

The team at Kangs Solicitors has vast experience and is highly regarded nationwide for assisting clients facing serious crime allegations of every nature, including those involving security industry offences.

A number of our team are ranked in both the leading legal directories, the Legal 500 and Chambers & Partners.

For an initial no obligation discussion, please call our Team at any of our offices detailed below:

Recent SIA Prosecutions | Kangs SIA Defence Solicitors

Standeasy Security Ltd

On the 1 June 2021 Standeasy Security Ltd appeared before the Magistrates’ Court charged under section 5 of the Act for deploying unlicensed security in the form of two unlicensed people. 

The company was fined £220, required to pay court costs of £625 and a victim surcharge of £32.

This prosecution of the company followed proceedings earlier in the year of two individuals, Steven Price and Lee Martin who both pleaded guilty to working as unlicensed security for the company with the result that:

  • Price was fined the sum of £220, ordered to pay costs of £625 and a victim surcharge of £32. 
  • Martin was fined £1,000, ordered to pay costs of £500 and a victim surcharge of £100.

Following the sentences, the SIA were quoted as stating:

‘Standeasy Security Ltd has carried out 173 shifts of unlicensed security for the premises. The site is sensitive, and the unlicensed security provision put the site at additional risk. The contract between the premises and Standeasy Security Ltd specifically stated that security provided would include licensed staff. Standeasy Security Ltd have failed their client and the community it serves.’

Ricky Moloney and Nia Security Ltd

Nia Security Ltd and its director Ricky Moloney had provided unlicensed security at a hostel and were charged with offences under section 5 of the Act with the result that:

  • Moloney was fined £500, costs of £467.50 and victim surcharge of £50. 
  • The company was fined £500 and ordered to pay costs of £467.50.

The SIA stated:

‘Up until 1 September Moloney had an exemplary record but failed to maintain licensing checks on this occasion, and suitability of a person who was unqualified or licensed to provide the security at the hostel. He now has a criminal record.  When a security company is engaged in illegal conduct it puts the private security industry and the SIA into disrepute. Moloney, as a director of a security business and a supplier of security has failed in his duties.’

The individual who was working as unlicensed security is due to appear before the Magistrates’ Court on a later date.

Christopher Downes

Downes was a director of F1 Security Services Ltd based in York who had been unlawfully working without a licence for a period approaching three years.

At York Crown Court he:

  • received a Community Order including 60 hours of unpaid work,    
  • was also ordered to pay Prosecution costs of £2,735 and the victim surcharge.

During subsequent Confiscation Proceedings, the Court found that Downes had benefitted from his criminal conduct to the sum of £40,000 with the result that:    

  • he was ordered to pay £20,000 within six weeks with the remainder to be paid within six months, 
  • in default of payment in full he faces eighteen months imprisonment.   

The SIA commented:

‘Downes profited significantly from working illegally in the private security industry. His actions demonstrated that he was not fit and proper to work in the industry. The court order will help to redress the imbalance that operating illegally has on the private security market. The confiscation demonstrates that crime does not pay. Downes has a criminal record and a significant financial penalty to pay.’

Who Can I Contact for Advice & Help? | Kangs National Criminal Offences Defence Solicitors

It is clear that prosecutions under the Act can seriously affect individuals and companies by way of loss of reputation, damage to a business, financial consequences and potentially a custodial sentence.

If you are subject to any investigation by the SIA, police or any other regulatory body, whether relating to your work or any other cause, you should seek expert advice immediately.

Please do not hesitate to contact the team at Kangs Solicitors through either of the following who will be pleased to speak to you:

John Veale
jveale@kangssolicitors.co.uk
020 7936 6396 | 0121 449 9888

Suki Randhawa
srandhawa@kangssolicitors.co.uk
0121 449 9888 | 020 7936 6396 | 0161 817 5020