Pub Argument on Security Guards.

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spartacus
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Pub Argument on Security Guards.

Post by spartacus »

Hi everyone,

I've got into a bit of a, let's say 'disagreement', with someone else about Security Guards powers. By this I mean, regular patrol companies, not Transperth/Transit etc.
I'm under the impression that at the end of the day, they are still a citizen with no extraordinary powers of the law, but are there more as a deterrent, but also to deal with an incident as much as they can. He's under the impression that they are basically 'private police' that basically are police up until the point where 'actual' police arrive. I know this isn't the case, because we've had that discussion here previously, but my question is, what are their powers?
The issue of armaments also came up. I'm under the impression that they can't kit themselves with Glocks & Tasers, yet I have seen some with OC and Handcuffs. What is and isn't allowed?

Disclaimer: Obviously, I'm not looking for any legal advise, and I don't expect that on a public forum. :)

Thankyou
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yorky
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Re: Pub Argument on Security Guards.

Post by yorky »

This is from what I'm aware of so anyone correct me if I'm wrong.

Security guards have the same powers as you or I. You are able to make a citizens arrest, and that's about it. You are not allowed to lay a finger on someone unless in self defence or in aid of another. OC spray is illegal for you and I to carry (as is a Tazer).

No such thing as Private Police. Its either Police, or not Police. The only officers with extraordinary powers are those sanctioned under the government like rail guards.
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written_ficton
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Re: Pub Argument on Security Guards.

Post by written_ficton »

Basically at the end of the day a Security Guard 'powers' are basically what any Joe Blow has that is citizen's arrest. However, depending on the location, they may have extra powers gazzetted under them by the owners of the property. But that case is extrememly limited.

Security Guards are more there is a physical deterrent as you said spartacus. Most of these Guards are trained and are usually first responders in incidents such as medical emergencies, fire alarms etc on private property such as a Major Shopping Centre.

Under NO circumstances are Guards allowed to carry OIC spray as I believe that this is illegal to carry in the state unless you are an officer of the law, or gazzetted. They are allowed to carry handcuffs and baton's / ASP's though they first must have done the appropiate training and have written permission from the employer that they are allowed to carry/use.

There are some things which anyone can 'arrest' on, these included i.e

Forcibly Entering Land:

- Any person who, in a manner likley to cause a breach of the peace or reaonable apprehension of a breach of the peace, enteres on land which is in the actual and peaceable possession of another is guilty of a crime. It is immaterial whether he or she is entitled to enter on the land of not.

However, anyone has the right to ask 'Trespassers' the name and address. However this is not an arrestable offence and only carries a payable fine.

So for example, you have 'arrested' someone for Forcibly Entering Land and you have asked them for their name and address. He/She declines then they are liable to another fine which will be imposed by the Police Officers.
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spartacus
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Re: Pub Argument on Security Guards.

Post by spartacus »

Thankyou very much for the descriptive responses. It has helped very much.

But to clear something up: by "private police" I meant it in the sense that security officers were employed by a company to act as their own police officers, with all the powers associated with them. I knew this wasn't the case, but it was the best way I could put it.
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written_ficton
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Re: Pub Argument on Security Guards.

Post by written_ficton »

I believe we all knew what you meant spartacus
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