Criminal Law Relevant to Security Operations
What the exam tests
You must be able to name the offence accurately and identify its elements, because reports, statements and court evidence all depend on correct labelling. Questions target theft, burglary, robbery, handling, public order and assault offences, plus actus reus and mens rea.
Offences to know
- Theft and Fraud Offences Act 2001: theft (dishonestly appropriating property without consent, intending to deprive), burglary (entering a building as a trespasser with intent to commit an arrestable offence, or committing one after entry), robbery (theft using force or the threat of immediate force), handling stolen property, and deception offences.
- Non-Fatal Offences Against the Person Act 1997: assault, assault causing harm, and causing serious harm.
- Criminal Justice (Public Order) Act 1994: intoxication in a public place, disorderly conduct, and threatening, abusive or insulting behaviour.
- Criminal Damage Act 1991: damaging another's property without lawful excuse.
- Every offence needs actus reus (the prohibited act) and mens rea (the guilty state of mind).
Worked example
A man takes a bottle from a shelf, conceals it, and walks out past the tills. Reasoning: this is theft, not robbery, because no force or threat was used. It is not handling either - handling requires receiving, retaining, removing or disposing of property known to be stolen, and the thief cannot handle the same goods he stole. Correct recording: theft, with time, description of goods and value.
Mark-losing traps
- Calling every taking robbery.
- Thinking burglary requires night-time or breaking - that older concept is gone.
- Describing assault as 'assault causing harm' without evidence of injury.
- Recording opinion ('he was clearly a thief') instead of observed facts.