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. The SIA is also responsible for the compulsory licencing and training of both companies and individuals engaged in the private security sector.
The SIA has powers to investigate breaches of the regulations and those who work without, or in breach of, a licence can find themselves subject to criminal prosecution which may lead to a prison sentence.
John Veale of Kangs Solicitors comments upon section 5 of the Act which penalises those engaging unlicensed security operatives.
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 industryoffences.
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The Offence | Kangs Criminal Defence Solicitors
Offence of using unlicensed security operative.
Section 5 of the Act states that a person is guilty of an offence if:
- he provides any security industry services to another;
- those services are provided wholly or partly by means of the activities of an individual as a security operative; and
- that individual’s activities in connection with the provision of those services involve his engaging in licensable conduct in respect of which he is not the holder of a licence.
Defences | Kangs Private Security Offences Defence Team
Section 5 of the Act also states that it shall be a defence to proceedings brought against a person under the section to show either:
- that he did not know, and had no reasonable grounds for suspecting, at the time when the activities were carried out, that the individual in question was not the holder of a licence in respect of those activities; or
- that he took all reasonable steps, in relation to the services in question, for securing that that individual would not engage in any licensable conduct in respect of which the individual was not the holder of a licence.
Additionally, the Act provides that a person shall not be guilty of an offence under this section in respect of any services in so far as those services are provided by means of conduct in which a person who is not the holder of a licence is entitled to engage by virtue of section 4 of the Act.
Penalties Upon Conviction | Kangs Regulatory Offences Defence Team
A person guilty of an offence shall be liable:
- before a Magistrates’ Court, to imprisonment for a term not exceeding six months, to a fine not exceeding the statutory maximum or to both.
- before a Crown Court, to imprisonment for a term not exceeding five years, to a fine or to both.
Who Can I Contact for Advice & Help? | Kangs National Criminal Offences Defence Solicitors
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 any of the following who will be pleased to speak to you: