Anyone involved in security duties, and in particular anyone who may have to use a certain degree of force in the course of their work, must have a basic working knowledge of the laws and powers regarding various degrees of aggression. This basic understanding is essential for Door Supervisors so that they can ensure that they use only reasonable force when necessary and that they can act appropriately when witnessing or dealing with an allegation of assault.
You will, of course, have heard the term assault and battery.
Assault is defined as any act by which a person intentionally or recklessly causes another person to apprehend (fear) immediate and unlawful violence. It is defined as when a person intentionally or recklessly applies unlawful force to another person. If the force is actually applied illegally or without the consent of the person being assaulted, the assault becomes a battery.
Depending on the severity of the injuries inflicted, various charges may be laid against a person who attacks another person.
COMMON ASSAULT.
(Section 39 of the Criminal Justice Act 1988)
Common assaults are the least serious assaults, where no actual injury is caused or where the injuries are very minor. A push on the body or a slap around the face would fall under this category, even if no actual injury is sustained.
Minor injuries covered by this offence include scrapes, scratches, minor bruises, swelling, redness, black eyes and minor superficial cuts. Even threatening to assault someone can fall into this category.
The tort of common assault is not a criminal act, but can be brought either in the Magistrates Court through the injured party seeking a subpoena or in the civil courts. The maximum penalty for anyone convicted of committing such an assault is a fine of up to £5,000 or up to 6 months imprisonment.
Door staff have no power of arrest if they witness an ordinary assault, but can, of course, remove the offending client from the premises. The police can also be called in to give appropriate advice to the victim if necessary. An arrest for “breach of the peace” may be considered, however, if it is necessary to prevent a more serious assault from being committed.
ACTUAL BODILY HARM
(Section 47 of the Offences Against the Person Act 1861)
If the injury sustained as a result of an assault is more serious in nature, a charge of assault causing actual bodily harm may be more appropriate. This offence covers injuries such as broken or lost teeth, temporary loss of sensory function such as consciousness, extensive or multiple bruises, minor cuts or fractures.
Any person convicted of committing an assault under section 47 may be fined up to £5,000 or 6 months imprisonment in the Magistrates Court, or 5 years imprisonment in a Crown Court.
Because of the possible conviction, this offence is an indictable offence and can therefore be arrested for doorkeepers.
Door staff, therefore, have the power to arrest anyone they see committing an assault causing actual bodily harm, or anyone they have reasonable grounds to suspect has committed such an assault.
If, for example, you come across a man repeatedly hitting and kicking another person on the premises and find that the victim has suffered multiple cuts and bruises, then you have the power to arrest the assailant and call the police.
SEC. 20 G.B.H.
(Sec.20 Offences Against the Person Act 1861)
“Anyone who unlawfully and maliciously injures or inflicts grievous bodily harm on another person, with or without a weapon or instrument, shall be liable to imprisonment”.
An even more serious offence is assault causing grievous bodily harm. Injuries that fall under this section include permanent loss of sensory function (coma), visible disfigurement, broken or displaced limbs or bones, significant blood loss, and any injury resulting in prolonged treatment or disability.
This offence simply requires an illegal or malicious act resulting in either injury or serious bodily harm. The maximum penalties for this offence are the same as for assault causing actual bodily harm, i.e. 5 years imprisonment, although the penalties are generally more severe due to the nature of the injuries involved.
As well, it is an indictable offence, so door guards may detain the offender and call the police.
SECOND. 18 – G.B.H. (with intention)
(S. 18 Offences Against the Person Act, 1861).
“Every one who unlawfully and maliciously, by any means, wounds or causes grievous bodily harm to any person, with intent to cause grievous bodily harm to any person, or with intent to resist or prevent the lawful arrest or detention of any person, shall be liable to imprisonment for life”.
Under this section, the offender must have the intent to cause these serious injuries, or the intent to resist or prevent the arrest of anyone. Although the injuries under this section are the same as in an assault under section 20, they are considered much more serious because of the specific intent.
For this reason, the maximum penalty for anyone convicted of this offence by the Crown Court is life imprisonment. This is clearly an indictable offence as well.
INDECENT ASSAULT.
(Sections 14 and 15 of the Sexual Offences Act 1956)
Indecent assault on a man and woman is punishable by up to 10 years in the Crown Court and 6 months or a fine of £5,000 in the Magistrates Court. Both are indictable offences.
Indecent assaults are assaults accompanied by circumstances of indecency on the part of the offender towards the person assaulted. The word indecent has no legal definition, but its generally accepted meaning is “offensive to modesty, unclean, obscene or lewd behaviour in a sexual matter”.
It is ultimately up to the court to decide whether or not a particular act is indecent, although in most cases it will be obvious.
You may be approached at the door, for example, by a very distressed woman who claims that someone inside the premises has indecently assaulted her, grabbing her breasts. As long as she is happy that the police are involved and can point out the suspect to you, you then have the power to arrest her and hold her until the police arrive.
Door guards should assist the police if they visit the site or are called to deal with an incident inside. There are two offences specifically related to police officers of which Door Supervisors should be aware.
SECTION 51 (1) Police Act, 1964
It is an offence for a person to assault a constable in the performance of his or her duties, or any person assisting the constable in the performance of those duties.
SECTION 51 (3) POLICE ACT 1964
It is an offence to resist or willfully obstruct a constable in the performance of his or her duties, or any person who assists a constable in the performance of those duties.
SCOTLAND
Section 41 of the Police (Scotland) Act 1967
It is an offence to assault, resist, hinder, molest or obstruct a constable in the performance of his duty or a person assisting him in the performance of his duty. It is also an offence to rescue or attempt to rescue or assist in the escape of a detained person.
SUMMARY
As a door supervisor working in licensed premises, you may be required to use force in the performance of your legal duties. There are times when the law authorizes you to use force, such as when evicting unruly customers who refuse to leave on demand, or to defend yourself or another person, or to make a lawful arrest or prevent a crime from occurring.
In these circumstances, you may use force, provided that such force is reasonable and necessary in the circumstances, and that you do not use more force than is necessary to achieve your objective, and the use of video footage from a camera worn on the body can provide very good evidence of the force that was used.
If, having lawfully physically evicted a client from the premises, you continue to use force against them, either to “teach them a lesson” or to “prevent them from trying again”, then you are most certainly committing an assault and are liable to arrest.
With respect to door guards carrying weapons, such a use of force with a weapon would certainly constitute assault and would most likely result in arrest and prosecution. The courts would not look kindly on members of a security team using a weapon to inflict injury on a member of the public.
Door guards also have specific arrest powers to help them deal with assaults that occur on their premises and should use them when the need arises.
