Security officers’ Rights
Hiring Security guards in Melbourne are always capable of monitoring and securing premises, so it’s natural to raise questions regarding their legal authority. Although security guards work as officers to protect your premises, they do not have the same range of legal rights as police officers. As a result, security guards in Melbourne have several legal powers that the public should be aware of, mainly their ability to refuse entry of any doubtful person, escort you off the property and make an arrest.
Important legal aspects before hiring security guards
If you want to hire a security guard, here are some important answers to the questions regarding their legal powers:
1) Can a security guard request my details?
You have choice not to give the security guard your name or any other information. You are not required by law to provide any information unless you are on the premises unlawfully or believe you are under 18 and buying alcohol, or being caught drunk.
If you are caught while involved in trespassing on private premises or fenced property or in any other way, security guards in Melbourne can legally ask you for your name and address. You may be charged a fine if you deny to provide the information or provide fake information.
If you are purchasing alcohol and believe you are under 18, a security officer can ask you for certain information. Providing no information or wrong one can result in criminal prosecution.
2) Can a security guard deny entry?
Main duty of security guard is to protect your property and prevent, detect and investigate crimes related to the property. While performing these duties, security guards in melbourne can deny your entry. This can usually happen because:
- You are not allowed at the premises because of your past problems
- You behave in a rude or hostile manner
- You are drunk and behaving in a disruptive manner
- You don’t seem to have a good reputation or are likely to cause trouble at the premises
Security guards may deny entry for many other justifiable reasons but should not make such decisions on age, gender, race, religion, sexuality, disability or other protected characteristics.
3) Can security search me?
Security guards cannot legally search you without your explicit permission. Some places, such as shopping malls, supermarkets and pubs, may have signs dictating that you consent has to be searched to enter. If you disagree with the search, security may refuse entry to the premises or ask you to leave.
4) Can the security guard use reasonable force?
Security professionals are hired to protect the area, which means they have the authority to escort you off the premises with reasonable force. If you refuse to leave when asked or resist their attempts to remove you, you may be charged with trespassing and hefty fines.
5) Can a security guard make an arrest?
A security guard may order you to leave the property if you are found engaging in any kind of illegal behaviour. However, if you are caught breaking the law or are believed to have committed a crime, security guards have the right to arrest you.
Legally, a security guard’s power to arrest you is no different than that of any citizen. This means they can only use reasonable force to detain you, and using excessive force will make a citizen’s arrest illegal. The best way to get professional, law-abiding workers is to hire security from trusted security guard services providers.
If a professional security guard arrests you, they must inform you and state the reason for their such actions. Security needs to ensure the individual knows they are under arrest, and arrest doesn’t require technical language. Once the arrest is made, security must either take you to the police officer or bring the police officer to you.
Summary of Security Guard Legal Powers
Security guards don’t wait for any reason to use their powers. They were expertly trained in de-escalating situations and intervened only when necessary. However, their primary role is to protect property, so they won’t hesitate to exercise their legal powers if they suspect you’re breaking the law or posing a danger to others.
To find out more about hiring professional security guard services, contact Metropolitan Guards by phone (1300 73 11 73) or email ([email protected]) for competitively priced Australia comprehensive security guard services coverage 24/7.
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