Full Regulatory Impact Assessment for Manned Guards & Keyholders

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• takes account of the culpability of the most recent offence, as reflected in thesentence imposed by the courts and, by according different weights to noncustodialand custodial sentences of 2+ or 4+ years imprisonment reflects theproposed new buffer periods from the review of the Rehabilitation of OffendersAct• recognises efforts at rehabilitation by giving appropriate credit for accrued crimefreetime above the required minimum of 2 or 5 years• the more serious the record, the longer rehabilitative period is required – startingfrom the end of sentence restrictions – before the SIA should consider theindividual suitable for a licenceThe system allows all of these factors to be taken into account while allowing none topredominate. The result aims to be a balanced and sensitive system allowing reasonabledecisions to be made on a rigorously consistent basisRelevant, Serious and Other Offences used in the CriterionPotentially any offence can be argued as relevant, given that it raises doubts as to anapplicant’s honesty and trustworthiness. However, the SIA has taken a realistic view that someoffences are sufficiently minor and / or irrelevant to the test of fitness to be discounted – e.g.minor motoring offences causing a nuisance etc.The SIA will divide the remaining (i.e. the great majority of existing) offences into “serious”and “other significant” categories.oo“Serious” offences are those listed on the face of Schedule 5 of the Police andCriminal Evidence Act 1984 as “serious arrestable offences” or those are otherwiseconsidered as serious, using best judgement to apply the principles set out in section116 of PACE for determining whether other offences should potentially beconsidered “serious arrestable” (i.e. which lead, may lead or are intended to lead toserious harm to the State or public order, interference with the course of justice,death or serious injury or substantial financial loss or gain). Examples of offences inthis group include murder, rape, grievous bodily harm, robbery, burglary, indecentassault, possession with intent to supply a controlled drug, forgery, and possessionof a firearm.“Other significant offences” are those which, while not of the serious nature asdefined above, are considered to be particularly objectionable in connections withthe holder of an SIA licence. Examples of offences in this group include commonassault, battery, indecent exposure, possession of a controlled drug and drivingwhile over the alcohol limit.36
Appendix 5OVERSEAS RECORDS AND OVERSEAS NATIONALSThe SIA has a duty to check on the record of anyone who applies for a licence for aminimum of five years and the Authority must be satisfied that the information it receivescomes from a reputable and competent source. The Authority also has a duty to applythe same licensing criteria to everyone. Jobs in the private security industry arepositions of trust, and the Authority has a statutory duty to check that anyone awarded alicence is a fit and proper person. Where applicants have been based for six continuousmoths or more overseas in the last five years, he or she would need to provide acriminal record certificate from the country or countries concerned.These rules apply regardless of nationality; for example, if a UK citizen had been basedoverseas for six months or more he would also need to obtain criminal recordcertificates from those countries. In any case of doubt, the SIA requires all documents tobe verified, for example by an embassy, and all criminal history records, from whatevercountry, are liable to be checked if necessary back to source.War zone countries or countries with no verifiable criminal record systemsWhere countries have no system for recording criminal offences, the SIA willexceptionally consider written evidence of an individual’s history from organisations ofrecognised standing, comparable to a Government source, who are working in thatcountry. Examples might include government agencies or international agencies suchas the United Nations, NATO, Red Cross or bodies of similar standing. A referencefrom a private employer will not be sufficient.Confirmed UK Refugees who are in danger from their country of originThe SIA will need the original document issued by the Home Office as confirmation ofan individual’s refugee status. If that is satisfactory, the Authority will exceptionallyconsider written evidence of history from organisations of recognised standing,comparable to a Government source, who have been working in that country, such as,the United Nations, NATO, Red Cross or bodies of similar standing. A reference from aprivate employer will not be sufficient.37
Page 1 and 2: FULL REGULATORY IMPACT ASSESSMENT25
Page 3 and 4: FOREWORDDear RecipientPRIVATE SECUR
Page 6 and 7: • the application process;• the
Page 8 and 9: From its knowledge of the industry,
Page 10 and 11: ‣ guarding property against destr
Page 12 and 13: that the vetting procedures to whic
Page 14 and 15: the SIA should be self-financing an
Page 16 and 17: Option 25.17 Option 2 sets the crim
Page 18 and 19: • will affect organisations diffe
Page 20 and 21: 9.8 It is also important to assess
Page 22 and 23: 2. Refuse a licence toanyone with a
Page 24 and 25: Appendix 1This Consultation Follows
Page 26 and 27: If the role involves no operative o
Page 28 and 29: Appendix 3CORE COMPETENCY TRAININGI
Page 30 and 31: Professional Guard Part 2Part 2 Par
Page 32 and 33: • Unit 9••••••••
Page 34 and 35: • Understand UK and relevant EU t
Page 38 and 39: BASIC COST MODEL FOR A ‘TYPICAL
Page 40 and 41: • Management costs• Communicati
Page 42 and 43: Nov 03Nov 03Nov 03Nov 03Feb 04Mar 0
Page 44 and 45: Aug-Dec 04Sept 0440 Adverts in 12 i
Page 46: Appendix 8Industry Consultation on

Full Regulatory Impact Assessment for Manned Guards & Keyholders

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