SEGMENT 3 Study Notes Flashcards
What does the term LAW mean
A body of rules which regulates members of society
Laws that are part of the legal framework for SP duties and powers are
Canadian Charter of rights and freedoms Human rights legislation Criminal code Security services act Privacy legislation Safe streets act Trespass act Residential tenancy act and commercial tenancy act Occupational health and safety regulations Occupiers liability act Good Samaritan Act Youth criminal Justice act Mental health act Liquor control and licensing act Tabacco control act
What is the difference between civil and criminal law
Criminal deals with criminal offenses or crimes
Civil regulates relationships between individuals or groups
What is the Canadian Charter of rights and freedoms
The fundamental rights & freedoms of Canadians
The principles of fundamental Justice are a person
Is considered to be innocent until proven guilty beyond reasonable doubt
And had the right to be heard by a reasonable and impartial jury
Section 8 of the charter gives Canadians the fundamental right to
To be secure against unreasonable search and seizure
What does the term “arbitrarily detained” mean
Being held without good reason
What rights does an arrested person have
To be informed promptly of the reasons
To retain and instruct counsel without delay and to be informed of that right
To have the validity of the detention determined by way of habeas corpus
To be released if the detention is not lawful
What laws govern the protection of human rights
Canadian human rights act
BC Human rights code
What fundamental right is protected under section 15 of the charter
The right to equality
What are some examples of discrimination in the provision services
Limiting someone’s ability to access and enjoy services due to a persons sec
Profiling someone because of their race or skin tone
Limiting someone’s ability to have access to services due to a persons disability
Human rights standard and principles that SPs must follow
All individuals are equal in dignity and respect
Not all individuals are the same. Accommodate differences when it’s is reasonable to do so
Treat people on the basis of who they are rather than whom you perceive them to be
The manner in which service is provided should be based in unique characteristics and individual merit
What is the difference between “Actus Reus” and “Mens Rea”
Actus Reus is a guilty act
Mens Rea is a guilty mind
What is an example of an indictable offense
Murder
Arson
Robbery
What are examples of summary conviction offense
Joyriding or causing a disturbance
What does the term “facts of an issue” refer to
Date, time and location of an offence
Identity of the offender
Essential elements of the offence
What are crimes against property
Mischief
Theft
Break and enter
What are crimes against people
Assault
Robbery
Uttering threats
Offences against public order that SPs might encounter in the course of their work
Incident acts
Assault by trespasser
Loitering
What qualifications must a person have in order to obtain a security worker license
Successful completion of BST
must have sufficient fluency in English language to be able to converse in English with the public while carrying out their duties
What terms must a SP use to identify their service
Security Professional
What items of equipment are SPs prohibited to carry and use
Restraining devices
Any weapons
Any other item designed for debilitating or controlling a person or animal
Which statute states that a person who gives emergency assistance at the scene of an incident is not liable unless he or she is grossly negligent while doing so?
Good Samaritan Act
In what situation can the power of citizens arrest be exercised
When a person sees someone committing an indictable offence or dual offence
When a person sees someone escaping from the law
When a person witnesses a crime related to the persons property
What duties should a SP do when making an arrest
Identify themselves as an SP
take physical custody of the person
Tell the person that he or she is under arrest
Inform the person of the reason for the arrest
Without delay inform the person that they have the right to legal advice
Turn the person over to a police office immediately
What should you do to maintain a controlled environment for custody
If the person asks to use the washroom use your judgement in each situation
Make sure the detention room is free of any items that could be used as a weapon
Keep all confidential information out of sight
Ensure the CCTV screens are turned off or not visible
Keep other people out of the room if possible
Keep arrest person seated at all times
Keep the person in your line of vision at all times
Watch their body language
If the continue ti resist or fight call the police immediately
What factors should be considered when determining whether a person can give informed consent for search
Age Ability to understand one’s rights Level of maturity Mental disabilities Language barriers
Use of force incident reports must be written when
Incidents where, while employed or engaged in security work they used any type of force against another person
Incidents where a restraining device, firearm or other weapons was used
Which laws give property owners, renters authority to deal with person who enter the property without authorization if engage in activity prohibited on the property
Safe streets act and trespass act
SP must only have to produce their security worker license to a police officer or any regulatory agency TRUE OR FALSE
FALSE: once an SP has been issued a licence they must carry it at all times and must be prepared to produce the licence upon request of any person while at work
SPs who arrest a person must immediately give that person ability to call a lawyer TRUE or FALSE
FALSE:
Without delay they have the right for legal advice but you don’t need to immediately let them call a lawyer
What offense is joyriding considered
Summary offense
What is a dual offense
An offense in which the crown can choose to proceed by trial under summary rules or by indictment
A theft is complete with the intent to steal an object when a person
Moves the object
Causes the object to be moved does something to it that allows it to be moved
Begins to cause the object to become moveable
Examples of break and enter
Break occurs when a person does any of the following in order to get into a particular place
Breaks a hole in a wall
Breaks a door or window
Picks the lock of a door or opens it with a key
Lofts a latch or loosens any other fastening that closes doors or windows
Which of the following is considered assault
Applying force
Intentionally
Directly or indirectly
Without the consent of the other person
Uttering threats are
A threat to cause death or bodily harm to a person
A threat to burn, destroy, or damage the property of a person
A threat to kill, poison or injure an animal or bird owned by a person
You can prevent a person from trespassing TRUE OR FALSE
TRUE
You can defend your property by removing a person when their presence in the property is denied or withdrawn TRUE or FALSE
TRUE
SPs must surrender their security license when they stop working in the field TRUE or FALSE
FALSE
When do you deliver a person to the a police officer after arresting a suspect
Forthwith and immediately
