Legal without the SIA ?

[SH4DOW]

An unlicensed freelance British CPO walks down the street accompanying his British based principal. He's on a 3 day assignment self-employed. He gained the assignment through his website where he doesn't advertise an sia accreditation... that's right - he doesn't have an SIA Licence.

He's fresh from the sand and enjoying a healthy pay-packet on his first private sector assignment.

A Police officer notices his headset as the CPO communicates with their chauffeur on his comms.

The Police officer approaches to enquire of his licence...

"Can I see your SIA badge please sir?" the officer requests.

"No officer, I'm not licenced or governed by the SIA or any other recognised body" the CPO announces...

"well" the Officer replies " I'll have to detain you for acting outside of the law".

The CPO doesn't even flinch.... " Actually Officer - you can't.... I'm #### ##### #### ##### ###### ##### ##### "... He then gives the officer his business card for future contact.

The officer pauses for a moment as he evaluates the comment.

"OK sir, sorry for bothering you" and the Police officer walks on his way with no further action.

************************************************** *

Does anyone understand what took place in this scenario?

[Scab]

The CPO explained to the officer that he was working directly for the client and therefore rightfully did not require a license.

[Project 4 Solutions]

I'm actucally a police officer on protection duties and this is Gordon Brown.

We've just come fresh from the sand of bournemouth beach

[SH4DOW]

Nice K... made me chuckle... spilt me horlicks over me cardigan

I should add that this hypothetical scenario is no extraordinary situation. The question is what could the CPO possibly say to the officer that prevents his arrest.... no matter how enthusiastic the officer is - and no matter who the principal is - and even if the CPO is the fat bird who drinks in the bar next door.... what protects him/ her from arrest?

The correct answer to this question is the reason anyone could legally work as an unlicensed CPO... anywhere in the EU.

[Utrique]

The contract was made overseaes

[Scab]

Does not matter Utrique, if a contracted CP team is working on British soil, they need a license.

[mally]

Since you mentioned Europe, has it anything to do with

Human Rights Act
"Article 3. Everyone has the right to life, liberty and security of person"

[SH4DOW]

Quote:

Originally Posted by mally Since you mentioned Europe, has it anything to do with Human Rights Act "Article 3. Everyone has the right to life, liberty and security of person"

Very good sir.... but not the one that will protect you whilst operating as a CP without licence.

Some may already know that a law can be implemented - but until it has been tested / challenged in a High Court ( the highest being the Euro Supreme Court ) it will not be proven to be just or enforceable.

Is there a law that has been tested in this particular case ( CP without licence ) ?
If there is... you will expect it to be 'buried' away from public eyes, right ?

[Nephilim]

Are you suggesting there has been a test case under the Security Act that has received no publicity anywhere ? For what it is worth PNLD (the Police National Legal Database) has no references to close protection officers or offences at all. There are details of the standard offence of acting in a role without a licence etc but no where does this ever refer to a CP operator. The point to remember is that law passed in the UK is exactly that - Law. By itself it doesn't have to be tested or ratified by European Courts. Of course the first person prosecuted could try and argue a defence and take it Europe via our own High Court system.
The other thread about not needing a licence if you are working directly for a client is also interesting as anyone that is self employed or works in house could use this defence. For the above question I'd have gone with the employed directly by the client therefore don't require a licence.
Any thoughts ?

Nephilim

[jcd]

Lets face it you will never get rid of the sia ,because they are backed by all the major recruiting and training companys,who were effectivley given a licence to print money by refusing to employ you unless you have done the training course run by the training company they own. directly or indirectly.