Due to the current claim culture the risk of receiving a summons for a section 3 or 4 when employed as a security officer has significantly increased. Solicitor firms are now advertising for business from people who believe they have a claim for compensation as a result of being removed from a premise. A conviction for assault will stay on your record for the rest of your life and come against you for such things as applying for jobs, visa’s, car insurance etc.
Often the prosecuting guard will tell you that you have no right to touch anyone and that you are supposed to call the Guards to deal with situations involving having to remove people from a premises. So where do we stand? If working on a door you should know the Law.

Under the Garda Siochana Act 2005:

  • A suitable person having received adequate training, identifiable by a uniform or a badge can remove from the premises anybody who is interfering with normal trade or causing damage to property using reasonable force.
  • Reasonable force? If you have been assessed as a suitable person by your employer and received adequate training, which your employer is obliged to provide by law reasonable force is all that should be required!
  • Bouncer And Security Industry Collective will provide a Security Consultant and solicitor to defend any of its members facing allegations of criminal offences incurred during the course of your duties

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Mitigating strategies for avoiding a criminal conviction

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