Private Security Industry Act 2001
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Change 1
5 Offence of using unlicensed security operative
(1) A person is guilty of an offence if— (a) he provides any security industry services to another; (b) those services are provided wholly or partly by means of the activities of an individual as a security operative; and (c) that individual’s activities in connection with the provision of those services involve his engaging in licensable conduct in respect of which he is not the holder of a licence. (2) In proceedings against any person for an offence under this section it shall be a defence for that person to show either— (a) that he did not know, and had no reasonable grounds for suspecting, at the time when the activities were carried out, that the individual in question was not the holder of a licence in respect of those activities; or (b) that he took all reasonable steps, in relation to the services in question, for securing that that individual would not engage in any licensable conduct in respect of which he was not the holder of a licence. (3) A person shall not be guilty of an offence under this section in respect of any services in so far as those services are provided by means of conduct in which a person who is not the holder of a licence is entitled to engage by virtue of section 4. (4) A person guilty of an offence under this section shall be liable— (a) on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both; (b) on conviction on indictment, to imprisonment for a term not exceeding five years or to a fine, or to both.
5 Offence of using unlicensed security operative
(1) A person is guilty of an offence if— (a) he provides any security industry services to another; (b) those services are provided wholly or partly by means of the activities of an individual as a security operative; and (c) that individual’s activities in connection with the provision of those services involve his engaging in licensable conduct in respect of which he is not the holder of a licence. (2) In proceedings against any person for an offence under this section it shall be a defence for that person to show either— (a) that he did not know, and had no reasonable grounds for suspecting, at the time when the activities were carried out, that the individual in question was not the holder of a licence in respect of those activities; or (b) that he took all reasonable steps, in relation to the services in question, for securing that that individual would not engage in any licensable conduct in respect of which he was not the holder of a licence. (3) A person shall not be guilty of an offence under this section in respect of any services in so far as those services are provided by means of conduct in which a person who is not the holder of a licence is entitled to engage by virtue of section 4. (4) A person guilty of an offence under this section shall be liable— (a) on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both; (b) on conviction on indictment, to imprisonment for a term not exceeding five years or to a fine, or to both.
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