Enforcement Activity

We can and do prosecute individuals and organisations who do not comply with the legal requirements of the Private Security Industry Act 2001. We may also prosecute anyone within the private security industry who commits a criminal offence that could have a detrimental impact on the industry - for example, fraud or offences under the Identity Documents Act 2010.

Before we do so, we conduct a criminal investigation to determine:

  • whether there is sufficient evidence that an offence was committed;
  • whether there is any statutory defence;
  • who is liable for the offence;
  • whether a prosecution is in the public interest.

As of 31 October 2019 we were conducting 55 criminal investigations involving 52 businesses and 129 individuals. In October we closed three cases and opened four new cases.

We have a range of sanctions available to us that fall short of criminal proceedings but can be highly effective in securing compliance quickly whilst avoiding costly formal proceedings. These include the issuing of written warnings and improvement notices for non-compliance, and the revocation or suspension of licences.

This Financial Year (2019-2020)

Written Warnings Issued 45
Improvement Notices Issued 2

Definitions:

  • Written Warnings - Issued to an individual where an offence under the Private Security Industry Act 2001 has been detected. A written warning may be taken into account in future enforcement decisions or as non-conviction information in a licence decision.
  • Improvement Notices - An informal procedure applied to a company that is found in breach of offences under the Private Security Industry Act. It sets out the improvements required and is discharged when we are satisfied the improvements have been made.