Policing, Security and Community Safety Act 2024
|
Exercise of special powers by security officers | ||
|
263. (1) The Minister may by order designate any of the following bodies for the purposes of this section: | ||
(a) the Courts Service; | ||
(b) a Department of State; | ||
(c) the Office of the Attorney General; | ||
(d) the Houses of the Oireachtas Commission; | ||
(e) the National Gallery of Ireland; | ||
(f) the National Museum of Ireland. | ||
(2) For the purposes of this section, the head of an authorised body may, in writing— | ||
(a) specify any premises in which any activity relating to the functions of that body is carried out (in this section referred to as a “specified premises”), and | ||
(b) where he or she has so specified a premises, designate a person as a security officer in relation to the specified premises for the purpose of guarding, patrolling or providing any other protective services in relation to the premises and persons on the premises, where that head is satisfied that— | ||
(i) the person is a suitable person to exercise the powers of a security officer under this section in relation to the premises, | ||
(ii) the person has received adequate training for that purpose, | ||
(iii) where the person has entered into a contract with the authorised body or the head of an authorised body, on behalf of the authorised body, for the provision of a relevant security service, he or she is the holder of any licence that is required under the Act of 2004 to provide such a service, and | ||
(iv) where the person is an employee of a person with whom or with which the authorised body or the head of an authorised body, on behalf of the authorised body, has entered into a contract for the provision of a relevant security service (in this subparagraph referred to as “the contractor”), the contractor and employee each hold any licence that is required under the Act of 2004 to provide such a service. | ||
(3) A security officer may, in carrying out his or her duties in relation to a specified premises in respect of which he or she is designated under subsection (2)(b), exercise any of the powers specified in subsection (4) or, where applicable, subsection (5), where— | ||
(a) the security officer is identifiable as such by means of a badge or uniform, and | ||
(b) the powers are exercised in accordance with any general or special instruction issued by the head of the authorised body by whom the security officer is so designated. | ||
(4) A security officer shall have the following powers: | ||
(a) to search any person who is in, or seeks entry to, the specified premises in respect of which the security officer is designated under subsection (2)(b); | ||
(b) to examine any article that is in, being delivered to, or brought into those premises; | ||
(c) to exclude or remove from those premises any person who, without good cause— | ||
(i) refuses to be searched in accordance with paragraph (a), or | ||
(ii) refuses to allow an article in his or her possession to be examined in accordance with paragraph (b); | ||
(d) to exclude or remove any person from those premises if it is necessary to do so— | ||
(i) to protect a person or property, or | ||
(ii) to allow the business of the authorised body to proceed without interference or delay; | ||
(e) to require any person who is in, or seeks entry to, those premises to identify himself or herself; | ||
(f) to seize, in exercising powers under this section, any weapon other than one in the possession of a person with lawful authority to have the weapon in his or her possession; | ||
(g) to seize any article that the security officer has reason to believe is being unlawfully removed from those premises; | ||
(h) to use reasonable force where necessary in exercising a power conferred under paragraph (c), (d), (f) or (g). | ||
(5) Without prejudice to subsection (4), where a security officer is designated under subsection (2)(b) by the Chief Executive of the Courts Service in respect of a specified premises all or part of which is a court, the security officer may, in carrying out his or her duties in relation to the premises, at the oral direction of a judge— | ||
(a) remove from the court any person who the judge has found to be in contempt of court, or | ||
(b) take into custody any person who the judge has so found and deliver that person into the custody of a member of An Garda Síochána as soon as practicable. | ||
(6) A person taken into custody pursuant to subsection (5)(b) shall, unless the court has ordered by warrant or otherwise that the person be committed to prison or be released, be brought before the court for it to deal with the matter before the court rises by— | ||
(a) the security officer concerned, if still in his or her custody, or | ||
(b) a member of An Garda Síochána, if already delivered into the custody of An Garda Síochána. | ||
(7) A security officer may use reasonable force where necessary in complying with a direction under subsection (5) or carrying out a duty under subsection (6). | ||
(8) The powers conferred on security officers under this section shall not authorise a security officer to— | ||
(a) require a person to remove clothing other than outer garments, such as coats, hats, jackets and shoes, or | ||
(b) read any document that would be exempt from production in any proceedings in a court on the ground of legal professional privilege. | ||
(9) Nothing in this section affects any power of arrest conferred by law, including the power conferred under section 4 of the Criminal Law Act 1997 . | ||
(10) In this section— | ||
“Act of 2004” means the Private Security Services Act 2004 ; | ||
“authorised body” means a body that is, for the time being, designated by the Minister under subsection (1); | ||
“head of an authorised body” means— | ||
(a) in relation to a Department of State, the Minister of the Government having charge of the Department, | ||
(b) in relation to the Office of the Attorney General, the Attorney General, and | ||
(c) in relation to any other authorised body, the person who holds or performs the functions of the chief executive officer (by whatever name called) of that body; | ||
“premises” includes— | ||
(a) any building or part of a building, and | ||
(b) any land ancillary to a building; | ||
“relevant security service” means a security service within the meaning of section 2(1) of the Act of 2004; | ||
“security officer” means a person who for the time being is designated by the head of the authorised body concerned under subsection (2)(b); | ||
“specified premises” has the meaning assigned to it by subsection (2)(a). |