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4 March 20223 minute read

Protect Duty: What are the anticipated requirements?

The UK has suffered a number of recent low-sophistication terror attacks at public spaces, in addition to the devastation of larger-scale atrocities such as that at the Manchester Arena.

There is currently no legislative requirement for organisations to consider or employ security measures at the vast majority of venues but recently released government findings on the Protect Duty consultation have provided an insight into potentially significant legal changes coming soon.

The aim of the Protect Duty is to ensure that organisations who own or operate publicly accessible venues consider appropriate and proportionate measures to mitigate against the risks of potential threats from terrorism.

Those who own or operate larger organisations and/or larger venues should expect the scope of the Protect Duty to be much more onerous than for those who operate smaller venues and organisations.

Central to the Protect Duty will be the need for a competent person to undertake (and to keep under review - as terrorist attack methodologies inevitably change) detailed, subjective risk assessments to identify vulnerabilities and appropriate, proportionate mitigation measures. Such mitigation measures may include: multi agency planning and exercising; training staff to identify and report suspicious behaviour and how to respond in a crisis; live CCTV monitoring; vehicle stop points; access control (including search and screening with or without the use of technology); monitoring and patrols; ability to lock down; and in-depth crisis response and communication plans.

The Protect Duty is expected to apply to a wide variety of venues including: hotels; casinos; high streets; retail stores; stadiums; music venues; festivals; pubs; bars; clubs; shopping centres; hospitals; public squares and other open spaces; markets and transport hubs.

It is anticipated that a new regulator will be established to inspect relevant venues and where necessary, utilise new enforcement powers, which are likely to include civil fines and even criminal prosecution for the worst offenders.

It is expected that a draft Bill will be introduced to parliament within the next 12-18 months with detailed guidance to follow.

Comment

DLA Piper will be hosting a webinar with security expert Richard West (Director of Safety & Security Ascential) on 9 March 2022, 10:00 a.m. – 11:00 a.m., providing an introduction to and insight into the Protect Duty. If you are interested in attending, please register your interest here.

DLA Piper has a dedicated team of regulatory lawyers who are instructed by a central Core Participant in the Manchester Arena Inquiry - from which the Protect Duty has evolved. Our team has a unique insight into the development and enactment of the Protect Duty. Should you have any queries arising out of this alert, please contact the authors or your regular DLA Piper contact.

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