For SIA licensing to be trusted by the public - and for it to work well - it is vital to have an effective compliance and enforcement strategy. This will ensure that licensing requirements are met by individuals and companies throughout the private security industry.
We have a range of sanctions available that fall short of criminal proceedings and these can be highly effective in securing compliance quickly whilst avoiding costly formal proceedings. In appropriate cases however, we have the will and capability to prosecute offenders and seek the confiscation of assets that have been obtained as a result of criminal activity.
The Private Security Industry Act 2001 creates several new criminal offences. It will be an offence to:
- provide a designated security service without a licence
- employ an unlicensed person in an activity for which a licence would be required
- contravene the licence conditions
- claim Approved Contractor status when no such approval exists
- misrepresent the terms of the approval
- violate the terms of the Approved Contractor Scheme if the scheme were to become compulsory in future
- obstruct a person, authorised by the SIA, who has powers of entry
- fail to comply with the requirements of a person, authorised by the SIA
- make an unauthorised disclosure of information obtained when working under the SIA's authority
- make false statements to the SIA.
Penalties for offences under the Private Security Industry Act 2001
- For those working in a licensable role without an SIA licence the penalties are: upon summary conviction at a Magistrate’s Court, Sheriff Court or District Court, a maximum penalty of six months imprisonment and/or a fine of up to £5,000.
- For those supplying unlicensed staff the penalties are:
- upon summary conviction at a Magistrate’s Court, Sheriff Court or District Court, a maximum penalty of six months imprisonment and/or a fine of up to £5,000.
- upon conviction on indictment at Crown Court, High Court of Justiciary or Sheriff and jury trial, an unlimited fine and/or up to five years imprisonment.
Interested parties should seek their own independent legal advice on this matter if they are concerned about their individual liabilities. |