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Powers of arrest security guard’s vs police officers.

powers of arrest security guards and police officers.
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Powers of arrest security guard’s vs police officers.

In New South Wales (NSW), there are significant differences between the powers of arrest held by security guards and police officers.

Arrest by Security Guards:

Authority: Security guards do not possess the same legal authority as police officers. They are not law enforcement officers and typically operate within private properties or under specific contractual agreements.
Limited Jurisdiction: Security guards have jurisdiction limited to the premises they are employed to protect, such as shopping centers, private establishments, or events. Their powers of arrest generally extend only to offenses committed on those premises.
Citizen's Arrest: Security guards can make a citizen's arrest, which is the power granted to any ordinary citizen to detain someone whom they reasonably believe has committed an offense. The arrest must be carried out in accordance with the law and within reasonable limits to protect themselves and others.
Handover to Police: Once a security guard has made a citizen's arrest, they are required to promptly hand over the detained person to the police. It is the responsibility of the police to take over the legal custody and further process the arrest.

Arrest by Police Officers:

Law Enforcement Authority: Police officers have legal authority granted by the state to enforce the law, maintain public order, and protect the community. They have broad jurisdiction and can make arrests throughout NSW.
Wider Range of Offenses: Police officers have the power to arrest individuals suspected of committing a wide range of offenses, including both summary offenses (less serious offenses) and indictable offenses (more serious offenses). They can also arrest individuals with outstanding warrants or who pose a threat to public safety.
Detention and Investigation: Police officers have the authority to detain arrested individuals for questioning, conduct investigations, and gather evidence relating to the alleged offense.
Charging and Legal Proceedings: Police officers can lay charges against the arrested person based on their investigation and evidence. They are responsible for initiating legal proceedings and presenting the case in court.

It is important to note that while security guards have limited powers of arrest, they play a vital role in maintaining safety and security within their designated areas. However, the primary responsibility for law enforcement and ensuring public safety rests with the police.

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