Care of detained persons!

[noise stopper]

The Human Rights Act 1998 applies to all public authorities.

That is what it says on the tin. However it is not as simple as that; as I said on my previous post British Courts may deem a private service as a PUBLIC AUTHORITY for the duties that carried out.

You are 100% responsible to HRA especially when it comes to detaining people whether it's for theft, or BOP; it does not matter.

You may go about your business thinking you are not accountable under HRA, but when courts decide you acted as PUBLIC AUTHORITY and they brought judgement accordingly; you'll have a pretty sour arse trying to get yourself out of that.

So how long have Tesco or ASDA been a public authority?

[FUNKSTAR]

This is just being me but I would offer them nothing, if they started fitting or dieing from there illness I would wisper in there ear that it was there own fault and should not be scumy thiefs, and call an ambulance and let them deal with them when they got there.

There is no way on this planet that I would hand them a glass of water:

1) They could glass you in the face
2) They could chuck the water over you

I dont mean to offend anyone but some of you sound like you would share your lunch with them

[WOLF MASTER]

This is just being me but I would offer them nothing, if they started fitting or dieing from there illness I would wisper in there ear that it was there own fault and should not be scumy thiefs, and call an ambulance and let them deal with them when they got there.

There is no way on this planet that I would hand them a glass of water:

1) They could glass you in the face
2) They could chuck the water over you

I dont mean to offend anyone but some of you sound like you would share your lunch with them

I don't think that that is the way forward somehow. You'd let someone die just because they've committed theft?? Are you sure?
I somehow think that this may be a post pub pissed post!

How about a plastic cup of water?
No threat of being glassed then!
And I have had many showers and in fact been wet by the rain many times in my life without any major harm coming to me! What is wrong with you are you the witch from the wizard of oz???

[Gepard]

Surely you could just dearrest them and then rearrest - that way when the old bill turn up 8 hours late you can honestly say you've only detained them for 5minutes. Simples!

[steohh]

This is just being me but I would offer them nothing, if they started fitting or dieing from there illness I would wisper in there ear that it was there own fault and should not be scumy thiefs, and call an ambulance and let them deal with them when they got there.

There is no way on this planet that I would hand them a glass of water:

1) They could glass you in the face
2) They could chuck the water over you

I dont mean to offend anyone but some of you sound like you would share your lunch with them

I don't think that that is the way forward somehow. You'd let someone die just because they've committed theft?? Are you sure?
I somehow think that this may be a post pub pissed post!

How about a plastic cup of water?
No threat of being glassed then!
And I have had many showers and in fact been wet by the rain many times in my life without any major harm coming to me! What is wrong with you are you the witch from the wizard of oz???

brilliant !!!!

[FUNKSTAR]

Ok then what if the scrote you cought asked for a glass of water, which you give him in a plastic cup. He then decides to throw it in your face to distract you/try to escape or assault you even more!
99.9% of the time I am dealing with scrotes drugies or worse, so I have no time of day for there well being, that doesnt say I stand them in stress positions or treat them with a bad attitude, I treat everyone how I would want to be treated if I was in there situation.

If there friendly Im friendly but I will not offer them anything that could be used against me, be it just water or a Kit-kat!

[hippy]

Ok then what if the scrote you cought asked for a glass of water, which you give him in a plastic cup. He then decides to throw it in your face to distract you/try to escape or assault you even more!

Ah... Assault with deadly water.... I dont think a plastic glass with a couple of inches of tap water will cause you too many issues chap...

If your prepared for it, how will it distract you?

At the end of the day if you are detaining someone and have therefore "deprived them of their liberty" the duty of care for that individual rests with you.. And if you cant seperate your personal feelings and your professional responsibilities, maybe you should look at an occupation that doesn't involve detaining members of the public..

[KeithB]

Another question to raise in regards to the Human Rights Act, is as a sia Licensed DS, SG or CPO you are licensed by a public authority. So even though you work for a private company you could also be classed as a quasi public autority worker... Again Human Rights Act applies more to police etc... you would be subject to it. Also section 7 and section 3 of the Health and Safety at Work Act may play a part. Above Health and Safety, Human Rights is the most powerful act in the UK, so if you are complying with that you should be more than covered.

KeithB
www.response-training.co.uk

[Mike123]

If you arrest 2 or more people and you're on your own, do you have to have somebody else in the room with you where they are detained??

for example, you arrest 3 males shop lifting Alcohol, you are working as a SD in a store alone and there are 2 female staff members working in the store, 1 of them who is the store manager, what do you do then??

surely it would not be a good idea being in the room with 3 other males and trying to stop them all leaving.... + having to stay there with them for 3 hours waiting for the police to finally arrive.

[WOLF MASTER]

In that case get yourself a plastic cup of water as they will probably be afraid of it and it's mystical powers as above!!

Seriously though you would probably find that a SD, SO or LPO from another store would come across and assist you, Certainly round here thats how we operate. And before anyone says 3hrs is a long time to be out of store lads would swap around so no-one guard was 'off watch' for too long.

[hippy]

If you arrest 2 or more people and you're on your own, do you have to have somebody else in the room with you where they are detained??

for example, you arrest 3 males shop lifting Alcohol, you are working as a SD in a store alone and there are 2 female staff members working in the store, 1 of them who is the store manager, what do you do then??

surely it would not be a good idea being in the room with 3 other males and trying to stop them all leaving.... + having to stay there with them for 3 hours waiting for the police to finally arrive.

In all honesty you should always have a second person with you, even if you have only detained one ned...

You need a witness my friend... The ned's aint above claiming all sorts of bollox happened given have the chance..

[andrewm]

We have asked Police about Human Rights Act in relation to private security. Licensing doesn't make it quasi. Their view is best practice is for us to be aware of and comply with Human Rights Act but it doesn't not fall on us unless asked to assist in an arrest by a Police Officer and for some reason they bugger off leaving you with someone under arrest. Unlikely but I have seen it happen and the HRA would apply in the Police's view.

BUT the exception is when contracted to Police. Everything is then covered by HRA. For example G4S Civilian Detention Officers. Obviously these staff will comply with a force order on their duties.

[Gillie]

One I could see being attempted by some savvy tealeaf with a brief to match, would be theft at a supermarket for example stating during interview and court he was hungry and thirsty with no money and so resorted to shoplifting.

When detained even the security staff saw this and feed/watered him,

This in turn being used as mitigation to reduce the seriousness of the offence. Also considering feeding him stock similar to what he had just stolen for free could be seen as strange.

On the subject of being free, would the store want to feed every thief coming through it's doors for free because the police are busy and cannot collect. Would this be refundable under Civil Recovery?

Could this not have a negative effect with collection times in areas where excessive waits are reported? The Police could see it as a way to downgrade the call - Detained Person With / Without Welfare?

[Mike123]

In that case get yourself a plastic cup of water as they will probably be afraid of it and it's mystical powers as above!!

Seriously though you would probably find that a SD, SO or LPO from another store would come across and assist you, Certainly round here thats how we operate. And before anyone says 3hrs is a long time to be out of store lads would swap around so no-one guard was 'off watch' for too long.

No chance of that around here, its usually always just me on my own

sometimes the male store manager is with me when i detain them but he only works 3 days a week so its little tricky. Most of the time there are 2 staff members (both female) on duty and one works at the till and the other one in the warehouse but the store gets busy very quickly so most of the time both of them are working at the tills. I have spoke with the area manager and suggested either having a SD and uniformed guard both working at the same time or employing some more staff.

[Mike123]

In all honesty you should always have a second person with you, even if you have only detained one ned...

You need a witness my friend... The ned's aint above claiming all sorts of bollox happened given have the chance..

I'm fine with 1 or 2 people but the other day i attempted to arrest 3 males who were high on drugs and stole 2 bottles of whiskey, there was no chance of me doing that alone and keeping them detained for 3 hours while the shop floor is not being watched, so i just recovered the bottles and banned them but a ban doesn't really mean a thing. It doesn't stop them coming back on a day you're not working and doing the same so its not effective at all.