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Question 1
1. Briefly explain when a security official can rely on “private defense”. Provide an example in
support of your answer.
"Private defense," also known as self-defense, is a legal principle that allows individuals, including
security officials, to use force to protect themselves, others, or property against an imminent and
unlawful attack. This principle is grounded in the idea that the law does not require a person to
passively endure harm when they have the means to prevent it. For security officials, who often find
themselves in situations where they must confront potential threats, understanding and appropriately
applying private defense is crucial.
When Security Officials Can Rely on Private Defense
A security official can invoke the right to private defense under specific conditions:
Imminence of Threat: The threat must be immediate and unavoidable. Private defense cannot
be claimed if the threat is hypothetical, distant, or can be avoided by retreating or calling for
help. The law recognizes the right to defend oneself only when there is no other viable option.
Unlawfulness of Attack: The attack must be unlawful. If a security official is faced with an
unlawful act, such as an armed robbery, they are entitled to use force to protect themselves or
others. However, the force used must be in response to an actual unlawful attack, not merely a
perceived or anticipated one.
Proportionality of Force: The force used in defense must be proportional to the threat posed.
This means that the level of force must not exceed what is necessary to prevent the harm. For
instance, using lethal force might be justified if the security official is facing a deadly threat,
such as an armed assailant, but not if the threat is non-lethal.
Protection of Life and Property: Security officials are often responsible for safeguarding
both people and property. The law permits them to use force to protect either, provided the
conditions of imminence, unlawfulness, and proportionality are met. For example, if an armed
individual attempts to break into a secure facility, the security official may use necessary force
to prevent the intrusion.
Example of Private Defense in Action
Consider a situation where a security official is patrolling a facility late at night. An intruder, armed
with a knife, attempts to overpower the official to gain access to restricted areas. The intruder’s
actions clearly pose an imminent and unlawful threat to the security official’s life. In this scenario,
the security official is justified in using force, potentially even lethal force, to defend themselves and
prevent the attack. The official’s actions would be covered under the right to private defense, as they
were responding to an immediate threat with appropriate force.
