The Law

And
Health & Safety
 CONTENTS
• The Law
• Assault
• Types of Other Offences
• The Courts
• Different Acts of Law
• Arrest
• Use of Force
• Health & Safety
 THE LAW
There are four types of Law
• Civil law

• Criminal law

• Common law

• Statute law
 The Four Types of Law
Civil Law
 Used by individuals or organisations to take action against each other.
 Libel, Slander and Divorce are examples of Civil Law.
 The burden of proof is “On the Balance of Probabilities.”

Criminal Law
 The Criminal law of England and Wales derives from two sources:
Common Law and Statute Law.
 Prosecutions are made by the Crown Prosecution Service.
 The burden of proof is “Beyond Reasonable Doubt.”
 The Four Types of Law
Common Law
 Common Law is law that is not the result of legislation.
 Results from the customs of the people over many years,
which have then been justified and developed further by
the decisions and rulings of judges.

Statute Law
 Statute Law is written law, passed by the Houses of
Parliament and given Royal Assent.
 Violations are punishable through the criminal courts.
THE COURTS
 TYPES OF COURTS
Magistrates
This is the lowest of the courts and deals
principally with summary offences, mainly
criminal offences. The jurisdiction of this
court is limited. Lay Justices of The peace (JPs)
determine and sentence for many of the less
serious offences. Fines can be imposed and
terms of imprisonment are limited.
TYPES OF COURTS CONT’D

County Court
These courts operate on an area basis and deal
in the first instance with a wide range of civil
matters. They are limited, however, in the
remedies that can be applied. Cases are
generally heard before a Circuit Judge or
Registrar, the latter having limited jurisdiction.
TYPES OF COURT CONT’D

Crown
Serious indictable criminal charges and cases
where the accused has the right to jury trial
are heard on indictment in the Crown Court
before a Judge and Jury. The Crown Court is
empowered to impose unlimited fines and/or
a maximum imprisonment. This court hears
appeals from the ‘Magistrates’ Court.
TYPES OF COURT CONT’D

• To find someone guilty of an alledged crime in any

court, the onus of proof lies on the state, that is
the crown prosecution service must prove beyond
reasonable doubt, that the accused comited the
crime in order for a conviction to be achieved.
• If a C.P.O is called to give evidence they must do so
truthfully and without bias, the demand of the
court outweighs the requirement for client
confidentiality at this stage.
ARREST
 ARREST
SECTION 24 SOCPA 2005
• A person other than a constable may
arrest without a warrant.
• Anyone who is in the act of committing an
indictable offence.
• Anyone whom he/she has reasonable
grounds for suspecting to be committing an
indictable offence.
 ARREST
SECTION 24A SOCPA 2005
• 2) Where an indictable offence has been
committed, a person other than a
constable may arrest without a Warrant -

a) Anyone who is guilty of the offence.

b) Anyone whom he/she has reasonable
grounds for suspecting to be guilty of it.
 ARREST
SECTION 24A SOCPA 2005
• But this power of arrest is exercisable only if:-

a)The person making the arrest has reasonable

grounds for believing that for any reasons
mentioned it is necessary to arrest the person in
question.
b)It appears to the person making the arrest that it
is not reasonably practicable for a constable to
make it instead.
 ARREST
• SECTION 24A SOCPA 2005

• The reasons are to prevent the person from:-

• Causing physical injury to himself or any other person
• Suffering physical injury
• Causing loss of or damage to property
• Making off before a constable can assume
responsibility for him.
• A person can be arrested for a common law breach of
the peace as their actions may result in violence.
 ARREST
Supervising the person arrested.

• Be vigilant! Take care that any evidence

gathered is preserved and that any attempts to
escape or assault any other person including
yourself are minimised. It is good practice and
common sense where practicable to maintain
safe distance from other persons/public. You
also have a duty to keep the arrested person
safe.
Procedure for Making an Arrest
1. Identify yourself as a Close Protection Officer.
2. State that you are arresting them and the reason why.
3. Use the minimum force possible to restrain the person.
4. Call the police immediately.
5. Do not use any type of handcuffs; it is illegal.
6. Do not caution them; you are not a police officer.
7. Search them only if they give their consent.
8. When the police arrive, tell them in front of the suspect what
happened.
• Remember you only have the same powers as all other members of the
public when it comes to making an arrest!
DIFFERENT ACTS
OF
LAW
Data Protection Act 1998
Data is defined in Section 1 (1) of the Act as including any information
that is:
 “being processed by means of equipment operating
automatically in response to instructions given for that purpose”
or
 “recorded with the intention that it should be processed by
means of such equipment”

Personal data is information “relating to a living individual who can be

identified:
 from those data
 from those data and other information which is in the possession of, or
is likely to come into possession of, the data controller”
• Any information collected may have to be shared with the police if they
so request it for the purposes of investigating a crime.
Human Rights Act 1998
Article 8.1 - Right to Respect for Private and Family
Life
“…everyone has the right to respect for his private
and family life, his home and his correspondence.”

In relation to surveillance there is the legal and

enforcement arm of the Human Rights Act, the so
called Regulation of Investigatory Powers Act 2000
Vagrancy Act 1824
• every person being found in or upon any dwelling house,
warehouse, coach-house, stable, or outhouse, or in any
inclosed yard, garden, or area, for any unlawful purpose;
every suspected person or reputed thief, frequenting
any river, canal, or navigable stream, dock, or basin, or
any quay, wharf, or warehouse near or adjoining
thereto, or any street, highway, or avenue leading
thereto, or any place of public resort, or any avenue
leading thereto, or any street, or any highway or any
place adjacent to a street or highway; with intent to
commit an arrestable offence;
Regulation of Investigatory Powers Act 2000

Intrusive Surveillance
• Covert Surveillance.
• Is carried out in relation to anything taking place
on any residential premises or in any private
vehicle.
• Involves the presence of an individual on the
premises or in the vehicle or is carried out by
means of a surveillance device.
Regulation of Investigatory Powers Act 2000

Directed Surveillance
• Covert Surveillance that is not Intrusive.
• Undertaken for the purposes of a specific
investigation or specific operation.
• Undertaken in such a manner as is likely to result
in the obtaining of private information about a
person.
• Not by way of an immediate response to events or
circumstances.
USE OF FORCE
The Use of Force
Criminal Law Act 1967

“Any person may use such force as is reasonable in

the
circumstances in the prevention of crime or in
effecting or
assisting in the lawful arrest of suspected
offenders or
persons at large.”
USE OF FORCE
• Reasonable and necessary.
• Only used when on duty.
• If required find assistance.
• The Court will decide.
• Keep a written record.
• Too much force can give
you a bad image.
USE OF FORCE
• IF INJURY IS CAUSED AS A RESULT OF THE FORCE YOU HAVE USED,
YOU MIGHT BE ACCUSED OF ASSAULT. THE COURTS WILL DECIDE
WHETHER YOU HAVE USED MORE THAN RESONABLE AND
NECESSARY FORCE. YOU COULD BE CONVICTED OF ASSAULT.

• ANY ACT OF FORCE COULD RESULT IN THE POLICE INVESTIGATING

YOUR CONDUCT, WHICH MAY LEAD TO PROSECUTION.
• Remember that the use of weapons is against the law in the U.K
and at no time should a C.P.O have a weapon of any description
on their possession.
USE OF FORCE
Reasonable and Necessary Force.
• The use of any force should be avoided if at all
possible but if not, then force must only be
used as a last resort and must be no more than
what is reasonable and necessary. Use of force
above and beyond what is strictly reasonable
and necessary could result in a Close
Protection Officer being prosecuted for
assault.
USE OF FORCE
• Courts decide whether force was reasonable and
necessary

• Think all the time about how others might judge whether
reasonable and necessary force had been used. The best
way to judge what force is reasonable and necessary is to
ask yourself the following questions:
• Is there a need to use any force at all.
• How does the person compare to me in size, build or age.
• Is the person threatening to use any weapons.
• Do I want to hurt the person rather than protect myself.
ASSAULT
 Assault
“The threat or the use of force against another, without
their consent.”
• Common Assault.
• Actual Bodily Harm (ABH).
• Grievous Bodily Harm (GBH).
• ABH or GBH with Intent.
• Assault on a Police Officer.
• Racially Aggravated Assault.
• Indecent Assault.
 ASSAULT
Types of Assault.
• The law may define the severity of a crime and
the punishment for that crime. There are
several types:
Common Assault:
• When a person or people fight but there are
no injuries, such as bruises or cuts.
Actual Bodily Harm:
• When an assault leads to actual injury. This
might be cuts and bruises.
 ASSAULT
Grievous Bodily Harm:
• When an assault leads to serious injury such as broken
bones.
ABH & GBH include: assault with intent.
• When it can be shown that an individual carried out an
assault with the intention of injuring a person; for
example, the picking up and smashing of a bottle to use
in the injury of a person would indicate intent.
Assault on a Police Officer.
• Any assault on a Police Officer is seen as a more serious
offence.
 ASSAULT
Racially Aggravated Assault.
• Any assault on a person/persons either
motivated by racism or accompanied by racial
insults.
Indecent Assault.
• An assault of a sexual nature inflicted on
either a male or female by either a male or
female.
TYPES OF OTHER
OFFENCES
 Theft (Theft Act 1968, Section 1)

“A person is guilty of theft if he

dishonestly appropriates property
belonging to another with the
intention of permanently depriving
the other of it.”
Burglary (Theft Act, 1968, Section 9)

“Trespass, with the intent of

committing an offence or having
committed an offence.”
(e.g. rape, theft, GBH)
 Aggravated Burglary
(Theft Act, 1968, Section 10)

“The offence of aggravated burglary is

committed when a person commits
burglary and at the time has with him:
any firearm, imitation firearm, any
weapon of offence or any explosive.”
Criminal Damage (Criminal Damage
Act, 1971)

“A person who without lawful excuse

destroys or damages any property,
whether belonging to himself or
another.”
Robbery (Theft Act, 1968, Section 8)

“A person is guilty of robbery if he

steals, and immediately before or at
the time of doing so, and in order to
do so, he uses force on any person or
seeks to put any person in fear of
being subjected to force.”
Trespass
“The act of being upon, or entering, land or
premises
without the right to be there.”
 Ensure that the individual is actually a trespasser.
Ask him / her to leave.
If he / she refuses, they are trespassing.
Escort them from the premises.
Involve the Police if the situation is not resolved.
Aggravated Trespass

“Trespassers who do so in order to

intimidate, disrupt or
obstruct those carrying out their lawful
activities”.
Only Police Officers can effect an arrest
for Aggravated
Trespass.
In summary:

• The C.P.O must adhere to the letter of the law

and the requests of the police first and
foremost. Even though our main concerns are
for the principal we protect, we must do so
while keeping within the law of the state and
within requests made by the police
HEALTH & SAFETY
 HEALTH & SAFETY
• Health and Safety at Work Act 1974

• Health and Safety Regulations

 HEALTH & SAFETY
Common law
– Employer’s duty to provide reasonable standard of care
– Employees’ duty to protect themselves and others
 Statute law
– Acts of Parliament
– Regulations
Sources of guidance
– Codes of practice
– British and European standards
– Literature
– Training courses
– Enforcement officers
– Consultants
 HEALTH & SAFETY
• Legal framework for promotion, stimulation and
encouragement of high standards of occupational health and
safety
• Aims:
– To secure the health, safety and welfare of persons at work
– To protect other people from health and safety risks
caused by work activities
– To control the storage and use of explosive, flammable and
dangerous substances
– To control atmospheric emissions of certain substances
 HEALTH & SAFETY
• Responsibilities of:
– employers
– employees
– self-employed
– manufacturers, suppliers, installers
• Enforcement
– Environment Health Officers
– Health Safety Executive inspectors
– Fire officers
Penalties
• Magistrates court:
– up to £20,000 fine
• Crown court:
– unlimited fine
– up to 2 years imprisonment  
 HEALTH & SAFETY
• Every employer must carry out risk assessments. In the case of a CPO you are
jointly responsible with the client for keeping the Principal safe.

• Benefits of risk assessments

• Gives a thorough assessment of all
– significant hazards.

• Prioritises action on basis of

– greatest risk.

• Gives confidence in Health and

– Safety measures.

• Complies with legal requirement.

 HEALTH & SAFETY
• Hazard
– Anything having potential to cause harm
• Risk
– Likelihood of hazard causing actual harm
• Control measures
– Items or actions to remove the hazard or
reduce the risk
 HEALTH & SAFETY
• Risk assessment
– Identify all hazards
– Identify who is at risk
– Evaluate risks – consider severity of hazard,
likelihood of harm
– Implement further control measures
– Record the assessment
– Review when necessary
 HEALTH & SAFETY
• 1. Remove or eliminate hazard
Substitute a hazardous material or process
with a non hazardous or less hazardous one
• 2. Separate or isolate worker from hazard
• 3. Develop and use safe systems of work
• 4. Train, instruct and supervise workers
• 5. Provide personal protection to minimise
consequences as a last resort
 HEALTH & SAFETY
• Safety signs

• Employer’s responsibility to
• display, maintain and explain warning sign prohibition sign

• Employee’s responsibility
to comply

mandatrory sign safety sign

 HEALTH & SAFETY
RIDDOR
• What is RIDDOR 95?

• Reporting of Injuries, Diseases And Dangerous

Occurrences Regulations 1995 which came into
force on 1st April 1996.
• RIDDOR ‘95’ requires the reporting of work-
related accidents, diseases and dangerous
occurrences. It applies to all work activities, but
not all accidents.
 HEALTH & SAFETY
• Why Should I Report?

Reporting accidents and ill health at work is a

legal requirement. The information enables
the enforcing authorities to identify where
and how risks arise and to investigate serious
accidents.
 HEALTH & SAFETY
• Employer’s Responsibilities
• So far as is reasonably practicable:

– ensure health, safety and welfare of employees

– provide and maintain a safe plant and systems of work
– make arrangements for safe use, handling, storage and transport of
articles and substances
– provide information, instruction, training and supervision
– provide a safe place of work and safe entrance and exit
– provide a safe working environment with adequate welfare facilities
 Responsibilities of Employees

Under the Act, Employees must:

 Look after the health, safety and welfare

of themselves and others
 Co-operate with their employer, follow
rules and procedures

All employees must follow the rules

and procedures in place, otherwise it
will be seen as a breach of duty.
 HEALTH & SAFETY
• Additional Duties
• Safety policies
– Written statement where there are 5 or more employees
– Must be communicated effectively to employees

• Safety representatives and committees

– May be appointed as part of the liaison between employees
managers and employers

• Consultation with employees

– Direct consultation
– Elected representatives
Three Elements of Fire

Oxygen Fuel

Source of Heat
(Petrol
,
Diesel,
Classification
Paraff
of Fire
in
white
spirit
C =

Gases

(Oxyg
en,
Propa
ne,
Butan
e)
D =

Metals

(Alumi