Mitigating strategies to avoid a criminal conviction

Under the Garda Siochana Act 2005 an establishment can appoint a suitable person having received adequate training as a security officer. A suitable person would be assertive, with confident demeanour and holding a current PSA licence. Adequate training would be having been trained in conflict management/de-escalation techniques, basic self-defence and restraint techniques.

The Act gives special powers to the security officer to take people into custody, remove people from the premises and prevent people from entering the premises using reasonable force. The force necessary is substantially less if they have received adequate training. We (BASIC) would advise that if you have not received adequate training you should request it from your employer as they are obliged to provide it by law, (Health, welfare and safety at work Act 2005).
If you choose to operate having not received training and do what seems to be the present culture of using brute force and ignorance the risk of being charged with assault, grievous bodily harm or manslaughter is quite high given the nature of the job.

What is wrong in this image?

defence
  • The patron is being restrained face down on the ground.
  • There is a high risk he could die of positional asphyxia
  • His cries of distress are being ignored
  • He is being restrained by a bouncer and a member of the bar staff.
  • Bar staff have no right to touch anybody and should not be involved in any altercation
  • There is a high risk of spinal damage as both men are kneeling on his lower lumbar region
  • The bar manager is looking on in ignorance of the unprofessionalism of his staff

On the first night of starting work in a new venue you should receive an induction or site familiarisation. Take note of where the cameras are positioned and make yourself aware of what they see. Keep on your person a notebook and in the event of an altercation take personal notes. At the end of the night a record of the incident should be made in the incident book but write “draft” on it as then it’s just notes and subject to change. If the Guards are called do not give a statement on the night but offer to call to the station in the next couple of days to do so.

“we (BASIC) advise our members to contact us for advice from a security consultant prior to making a statement”BASIC Team