2.3 Legitimate Defence and the Lawful Use of Force

Quick Answer: A guard may use force only within the right of legitimate defence, which every person has under Article 58 of the Crimes and Penalties Law (Federal Decree-Law No. 31 of 2021). All four conditions must be met:

1. There is an immediate danger of a forcible crime against a person or property.
2. The guard cannot get help from the public authorities in time.
3. There is no other means of repelling the danger.
4. The defence is necessary and proportionate.

Force must stop as soon as the danger ends. Insults, refusals and rule-breaking never justify it.

No "security guard privilege"

Federal Law No. 37 of 2006 limits a company's work to preventive protection (Article 12) and gives guards no special power to use force. When a guard pushes, holds or strikes someone, the act is judged under the same Penal Code that applies to every resident. The only justifications available are the general ones in the Crimes and Penalties Law.

The four conditions of legitimate defence (Article 58)

Article 58 states that there is no crime if the act is committed in the use of the right of legitimate defence, and that this right exists when the following conditions are fulfilled:

1. Immediate danger of a forcible crime against the defender's person or property, or against another person or their property. A belief that the danger exists is enough if it rests on reasonable grounds.
2. No timely recourse to the public authorities. The defender cannot turn to the police or other public authorities in time to repel the danger.
3. No other means. The defender has no other way to repel the danger, for example by stepping back, closing a door or putting a barrier between themselves and the attacker.
4. Necessary and proportionate. The defence is necessary to repel the attack and in proportion to it.

The right covers property as well as people. This does not let a guard fight to protect stock. The other conditions still apply, and in most property cases a guard can call 999, close an area or simply observe and report.

Serious force

Article 59 states that legitimate defence does not justify intentional killing (the official English text says "premeditated murder") except to repel specific grave acts. These include an act reasonably feared to cause death or serious injury, rape or indecent assault, kidnapping, felonies of arson, destruction or theft, and entering an inhabited house at night. For an unarmed private guard, the practical rule is simple: only a genuine threat to life or of serious injury can justify serious force, and escape remains the first choice.

Police and other officials

Under Article 60, legitimate defence does not justify resisting a member of the public authority who is acting within their duties. The only exception is a reasonable fear of death or serious injury. A guard must never physically obstruct police officers who are making an arrest or entering premises.

Exceeding the limits

Under Article 61, exceeding the limits of justification in good faith is only an extenuating excuse: the judge may reduce the penalty or pardon the defender. It is not an automatic defence. A guard who keeps striking a person who has stopped resisting may be prosecuted for assault.

The response continuum

Escalate only in response to the subject's behaviour, and come back down as soon as you can.

Absolute prohibitions

1. No retaliation. If someone slaps you and steps back, the danger has passed, and hitting back is assault.
2. No force for words. Insults, swearing and threats to complain are not a forcible crime. Record them and report them. Insults may themselves be criminal offences for the police to deal with.
3. No dangerous holds. Do not use neck holds, pressure on the throat, or kneel on the back or chest of a person lying face down. These cause positional asphyxia and deaths.
4. No pursuit off site. Do not chase people into traffic or off the property. Give the police the description and direction of travel.
5. No improvised restraints. Article 106 of Ministerial Decision No. 557 allows restraints only if the company issues them, the authority approves them and the guard has been trained.

Consequences of excessive force

• Criminal. Prosecution under the Crimes and Penalties Law for assault, or for unlawful detention under Article 395 if someone was held without justification.
• Civil. A claim for compensation by the injured person.
• Regulatory. Ministerial Decision No. 557 fines a security employee AED 1,000 for "behaving in a bad manner towards others when on duty" and AED 2,000 for abusing their position for their own interest (Article 120). Fines double for a repeat offence (Article 118). Under Article 112, the authority may require any security employee to re-sit a test at any time.

After any use of force

1. Check everyone involved, including the subject, and call 998 if anyone is hurt.
2. Inform the control room, your supervisor and the police (999) where a crime or injury is involved.
3. Ask the control room to preserve CCTV covering the whole incident.
4. Take the names and contact details of independent witnesses.
5. Write a factual report. Describe exactly what the subject did and the minimum force you used in response, for example: "He swung his right fist at my face; I raised my left forearm to block and stepped back." Leave out opinions such as "he was crazy".

Case study: the hospital triage desk

A visitor angry about waiting times shouts at a nurse, kicks over a queue post and heads for the "Staff Only" corridor. Guard John steps between him and the corridor, keeps more than two metres of distance and speaks calmly. The visitor shouts a threat and throws a punch. Now there is an immediate danger of a forcible crime and no time to wait for police. John blocks the punch and guides the man against the wall until a second guard arrives. The moment the man stops struggling, John releases him to a chair. The control room calls 999, the CCTV is preserved, and John writes a factual report. Each step meets the Article 58 conditions, and John stopped as soon as the danger stopped.

Section summary checklist

• Article 58: an immediate danger of a forcible crime, no timely help from the authorities, no other means, and a necessary and proportionate defence.
• Defence of another person, or of property, is covered, but all four conditions still apply.
• Article 59: serious force only against grave threats such as danger of death or serious injury.
• Article 60: never resist police acting within their duties.
• Article 61: going too far in good faith only mitigates the offence.
• Insults never justify force. Stop the moment the danger ends, and document everything.