FOI release

SIA policies on listing prosecutions and enforcing SIA regulation

Published 19 June 2023

1. Request

1.1 Published list of active SIA prosecutions

When displaying a list of active prosecutions on your website, please can you provide me with the legislation or policy which allows you to do this? In particular relating to article 6 of the Human Rights Act (right to fair trial) and article 8 (right to a private life) for those individuals named who have not actually been tested or trialled yet in a judicial process?

Please can you confirm the policy on removing names from the same list without any explanation to readers, and therefore potentially resulting in individuals and companies being reputationally damaged when no prosecution actually happens? Just by example, [REDACTED] was on the list for a while. Her name has gone now with no explanation, leaving a cloud over her name and reputation to any interested parties.

Please note, I am not asking for individual case information, but more so the policy in which you operate the list of “active prosecutions” without any trial taking place yet.

1.2 Security provided by large-scale retail businesses

Please can you provide me with the SIA policy on enforcement of large scale retail businesses who provide space within their businesses for other businesses/concessions/tenants to rent, under contract, and then having ‘in-house’ non-licensed security operatives protecting the concessions. Effectively this is a retail store, providing a manned service, under contract (part of service charge or rent), to another business in the same way as a shopping centre. This is a wider issue and I would like to know what the SIA policy/stance is in relation to this.

2. Response

2.1 Published list of active SIA prosecutions

This information is exempt from disclosure under Section 22 of the Freedom of Information Act 2000. Section 22 of the FOIA relates to information intended for future publication. The SIA can confirm that this information is held by us and at the time of your request, we intend to publish it at a future date that is not yet determined.

It is important to state that any response given under the FOIA is a response into the public domain and not only to you. Should the SIA release information intended for future publication only to you first, this would be prejudicial to the others who wish to access it, which is unacceptable of a public body. I am of the view that there is no public interest in sharing the information with you first prior to its public release.

Generally, however, as a non-departmental public body, the SIA has an obligation to members of the public and our licence holders to be transparent about our enforcement activities and we do not require a legislative framework for such activities. The information that is published is not confidential. The SIA publishes factual information limited to that which is already in the public domain via HMCTS court records, also published online by all court houses in England and Wales.

2.2 Security provided by large-scale retail businesses

In respect of this exact and specific scenario you have set out, an SIA licence is required. I can confirm that an SIA licence is required if security staff protect concessions as well as their employer’s premises/property and this is done in connection with a contract for the supply of services. This applies even if the security staff are directly employed by the shopping centre or a retail outlet.

[Reference: FOI 0418]