On 27 May 2016, Capital UK Services Ltd and directors Judith Wanyoike and Stephen Mungai were sentenced for supplying unlicensed security guards at Nottingham Magistrates.
The court heard that Capital UK Services Ltd provided eleven security operatives who were unlicensed, across two large contracts occasions. The first was between August 2013 and February 2014 when operatives were deployed on the contract to build the Nottingham City Tramway, a security contract worth about £2.2million.The second instance was between October 2013 and March 2014 on a contract with a nationwide refurbishment company.
At a hearing in July 2015 Mungai pleaded guilty to supplying unlicensed guards, a Section 5 offence under the Private Security Industry Act (PSIA) 2001. As a director he was also found guilty of consent or neglect for employing unlicensed guards, a Section 23 PSIA (2001) offence. He received a community service order of 250 unpaid hours work concurrent for both offences and was ordered to pay £12,000 in costs.
Wanyoike also pleaded guilty in July 2015 to supplying unlicensed security operatives, a Section 5 offence and as director was guilty of a Section 23 offence under the PSIA (2001). She was also charged with a Section 19 offence; failing to supply information relating to an investigation and for providing false information; a Section 22 PSIA (2001) offence. Wanyoike received a community service order of 100 unpaid hours work ordered to pay £6,000 in costs and was disqualified as a company director for 5 years.
The company, which is now insolvent received a nominal fine of £1.00.
The case was transferred to Nottingham Crown Court for sentence and proceedings under the Proceeds of Crime Act (POCA). A confiscation order was made for £206,370 against both parties. The Judge stated that the POCA confiscation reflected the role each director played in the company.
Consequently, Mungai was ordered to pay £172,370 and Wanyoike was ordered to pay £34,000. Both have been given 3 months to pay the figure in full. The judge also ordered that if Mungai and Wanyoike failed to pay the full amount, Mungai would receive a default prison sentence of 2 years and Wanyoike 9 months.
Investigations officer, Michael Bryan commented that:
“We are pleased with the sentencing and Proceeds of Crime Act (POCA) ruling in this case. This strong conviction and POCA confiscation order highlights that security industry regulation exists to protect the general public and businesses who use contracted security services. The regulation also ensures the effectiveness of security businesses that operate within the industry.
We robustly regulates the Security Industry and will seek to prosecute those who chose to ignore the legislation in place”.
- The Security Industry Authority is the organisation responsible for regulating the private security industry in the United Kingdom, reporting to the Home Secretary under the terms of the Private Security Industry Act 2001. The SIA's main duties are: the compulsory licensing of individuals undertaking designated activities; and managing the voluntary Approved Contractor Scheme.
- The offences relating to the Private Security Industry Act (2001) that are mentioned in the above news release are as follows and the Act is available online via legislation.gov.uk:
For further information about the Security Industry Authority or to sign up for email updates visit www.sia.homeoffice.gov.uk. The SIA is also on Facebook (Security Industry Authority) and Twitter (SIAuk).
- Section 5 - deploying unlicensed guards
- Section 19 - failing to supply information relating to an investigation
- Section 22 - providing false information
- Section 23 - consent, connivance or neglect for employing unlicensed guards