Security Guards

[PirateJafa]

What actual legal powers/authority do they have? I've heard that they cannot legally detain you, but then that's just what I've heard - no idea if it's true or not.

I can't help but chuckle every time I see Matrix Security guys in their wannabe-army uniforms and combat boots.

[Rockbuddy]

I think they have the same powers as any member of the public they can make a citizens arrest and detain you until the cops turn up.

[Ixion]

By and large they have no powers beyond those of any other private citizen. Specifically, they do not have arrest powers (other than the ever debatable citizen's arrest)

[The Pastor]

thanks for dropping a clue that i was there too you little prick

[PirateJafa]

thanks for dropping a clue that i was there too you little prick

You were there at night with your lights off/plate covered setting a tag you knew was slightly dodgy. You're complaining why?

[PirateJafa]

By and large they have no powers beyond those of any other private citizen. Specifically, they do not have arrest powers (other than the ever debatable citizen's arrest)

Cheers.

Edit: Oh and if Wikipedia is to be believed, you'd *really* need to be dicking arouund for them to be able to arrest ya. http://en.wikipedia.org/wiki/Citizen...st#New_Zealand

[The Pastor]

you were there at night with your lights off/plate covered setting a tag you knew was slightly dodgy. You're complaining why?

lights out on the way in, plate coverd on the way out....

[Felicks]

By and large they have no powers beyond those of any other private citizen. Specifically, they do not have arrest powers (other than the ever debatable citizen's arrest)

Out of interest - are you guys aware of the citizens arrest criteria?

There is always a lot of inuendo about it but not many people actually know the real answer. I'll get it if anyones interested, Ive got summary of it at work which I could throw in this thread later...

[SMOKEU]

Security guards perform citizens arrests all the time, usually when someone gets caught shoplifting and they detain the thief until the cops arrive.

[p.dath]

What actual legal powers/authority do they have? I've heard that they cannot legally detain you, but then that's just what I've heard - no idea if it's true or not.

I can't help but chuckle every time I see Matrix Security guys in their wannabe-army uniforms and combat boots.

Citizens Arrest does not give you the right of detention. Security guards do not have the right of detention. In either case if you ask to be let go and they don't then you can lay a complaint (in fact, you could legally place them under citizens arrest). Holding someone against their will, particularly if it is in a room so you can't leave can easily result in jail time.

It should also be noted the citizens arrest is almost pointless. The Police have immunity from prosecution (except in exceptional circumstances) if they make a mistake. If you place someone under citizens arrest and get it wrong you can be charged with wrongful arrest (and potentially face jail time).
Pretty much all you can do is utter the words. No more.

[Creeping Death]

Only patched up coppers can arrest or detain is my understanding.

Security guards have no power whatsoever.

They can only take details....as you flee the scene of the crime.

[SMOKEU]

Citizens Arrest does not give you the right of detention. Security guards do not have the right of detention. In either case if you ask to be let go and they don't then you can lay a complaint (in fact, you could legally place them under citizens arrest). Holding someone against their will, particularly if it is in a room so you can't leave can easily result in jail time.

It should also be noted the citizens arrest is almost pointless. The Police have immunity from prosecution (except in exceptional circumstances) if they make a mistake. If you place someone under citizens arrest and get it wrong you can be charged with wrongful arrest (and potentially face jail time).
Pretty much all you can do is utter the words. No more.

I work in a supermarket and on an average week we catch around 5 shoplifters. Those thieves are then escorted into a small room by the duty manager and/or security guard. The police are then called. Most thieves are quite well behaved once they are caught and they don't try and escape, although some of them do try and escape so they are physically restrained until the police arrive.

[p.dath]

I work in a supermarket and on an average week we catch around 5 shoplifters. Those thieves are then escorted into a small room by the duty manager and/or security guard. The police are then called. Most thieves are quite well behaved once they are caught and they don't try and escape, although some of them do try and escape so they are physically restrained until the police arrive.

That is quite illegal - and most definitely a criminal offence. You have probably only got away with it because no one has charged the duty manager/security guard - yet.

It's rather like stealing. If you keep doing it you get away with it some of the time, but eventually you get caught.
Your manager/security guard will eventually get charged.

In the case you describe the behaviour is also pre-meditated. Even if the person your detaining is found guilty both your duty manager and the security guard would be facing some serious jail time (potentially more than 10 years).

I would not be taking such a risk if I were them!

[SMOKEU]

The thief will sometimes make a huge fuss once the police arrive and say "that fucking security guard cunt was holding me down for the last 10 minutes and they wouldn't let me go", but in the end the thief gets cuffed and taken away and the cops have never said anything to the security guards or store management about restraining thieves. The staff at most shops will physically restrain a thief if need be. If the store management and security guards would get sent to jail for such a thing then shoplifters would never get caught because they could just run away and then every second person in this country will be shoplifting.

[p.dath]

The thief will sometimes make a huge fuss once the police arrive and say "that fucking security guard cunt was holding me down for the last 10 minutes and they wouldn't let me go", but in the end the thief gets cuffed and taken away and the cops have never said anything to the security guards or store management about restraining thieves. The staff at most shops will physically restrain a thief if need be. If the store management and security guards would get sent to jail for such a thing then shoplifters would never get caught because they could just run away and then every second person in this country will be shoplifting.

If the thief lays a complaint it will be game over. First let me refer you to section 209(b) of the Crimes Act which carries a jail term of up to 14 years:

http://www.legislation.govt.nz/act/p...html#DLM329775

209 Kidnapping

*

Every one is liable to imprisonment for a term not exceeding 14 years who unlawfully takes away or detains a person without his or her consent or with his or her consent obtained by fraud or duress,—
o

(a) with intent to hold him or her for ransom or to service; or
o

(b) with intent to cause him or her to be confined or imprisoned; or
o

(c) with intent to cause him or her to be sent or taken out of New Zealand.


I believe it also violates the Bill of Rights and the Crimes of Torture Act 1989 (which also makes it illegal to detain people - even if you don't torture them).


Basically if you are a civilian, and unless you are acting under a warrant, court order, direction of the Police, you risk facing serious jail time.


Like I said. The store manager/security guard might get away with it 999 times. But is it worth risking 14 years in jail (assuming you are only prosecuted under a single act)?