Guild security

Georgy Porgy · Street Demonstrator

I was in the guild last term after the security guys had had some stuff stolen from their staff room. they came round searching everyone's bags for the stolen stuff. is this allowed? surely not?!

also, has anyone else had any problems with them in general? with the exception of one bloke, they are all miserable and uncooperative or even obstructive in my experience....
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I have realised two things. 1) The world is full of idiots, and 2) I'm an idiot

Teapotboy · Black Bloc

A search can be part of condition of entry, where you do not let someone into the building unless they voluntarily consent to the search. This is perfectly legal.

It is possible for security to ask someone to consent to a voluntary search within a venue, however, this is done with the implication that refusal will result in ejection. Some industry commentators believe this is not a legal search, as people may feel under duress (even when told that they are free to leave if they do not wish to be searched) by the manner in which the search is conducted, and thus it is usually not done as a precautionary measure but where there is some reason to believe a person is carrying contraband. Again, some people believe that where contraband were found in one of these searches, it would be inadmissible in court for this reason. Unfortunately, there is insufficient case law to decide either way.

The third option, which like the first is legal, is to arrest the person using "any person" powers, and then conduct a search as part of the detention. This, unlike the other two, can be against the person's will, using "reasonable force". However, the any power arrest is based on knowing or having reason to believe that an arrestable offence has been committed by the person being arrested, and mere presence in the building is very unlikely to constitute that.

These three searching options are open to private security such as at the Guild. Another factor is that not all security staff at the Guild have been trained or licenced to perform security work, so they may have been confused as to their actual powers in this case.

So in short, it depends upon the circumstances as to whether it was allowed or not. PM me and I'll comment further and let you know your options for dealing with it.

Guest · Posted: Fri Dec 22, 2006 12:55 pm Post subject:

cheers mate,
don't worry, i'm not about to take legal action, just wasn't sure whether they could do that.

nice answer btw, that's either some fast research or you spend too much time in the harding lib!

Teapotboy · Black Bloc

There's other options than legal ones! neither fast research nor am I a law student(? gussing that's what Harding refers to). I work for Guild Security lol.

Georgy Porgy · Street Demonstrator

Johnny P · Black Bloc

Spot on. I would personally of left rather than be searched, and then made a formal complaint later to their employer. Assuming I had not actually stolen anything and they tried to detain me I think I would try and press charges. My refusing to consent to a search by a licensed security person is not grounds to believe i have committed an arrestable offence, contrary to what many people seem to think (including some security staff).
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"...a society that believes in nothing is particularly frightened by people who believe in anything." Bill Durodle, Director International Centre for Security Analysis, Kings College London

Johnny P · Black Bloc

I would also add that it seems a bit ridiculous to assume the thief would still be in the building. Im sure that wouldnt look good in court...
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"...a society that believes in nothing is particularly frightened by people who believe in anything." Bill Durodle, Director International Centre for Security Analysis, Kings College London

Teapotboy · Black Bloc