Lawful authority for use of force to remove trespassers
Updated 23 September 2021
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1. Request
I am writing to request an internal review of Security Industry Authority’s handling of my FOI request ‘Documents on Use of force to remove tresspassers’.
The Authority has answered the FOI request in part. I am seeking the lawful authority of use of force as mentioned in FOI 0233.
2. Response
Thank you for your request for an internal review which was received on 24 August 2021. I have now had the opportunity to consider the Freedom of Information Act request which you submitted and the response provided by the SIA.
You have requested an internal review of the response provided as it did not address all areas of your Freedom of Information Act request, namely that it did not identify the lawful authority for the use of force to remove persons.
Having reviewed the response, I am of the view that we did not address all areas of your request. In response to identifying the lawful authority for the use of force to remove persons I can confirm that under common law, a land owner has a right to remove trespassers which consists of the use of ‘reasonable force’ (section 3 Criminal Law Act 1967).
[Reference: FOI 0233 - addendum]