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MGFile

Handcuff BEFORE arrest ?

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Seems to be different rules on this - some do and some don't

 

Can't get a sensible answer from out trainers

 

Could you justify handcuffing someone without arresting first?

 

Is it reasonable force when conducting a search etc?

 

Is it reasonable force when dealing with a mental health patient?

 

Any other scenarios you can think of ?

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yes...I'd handcuff when searching and not in custody,

If I think its reasonable and theres a need to do it I'll do it,

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Arresting someone is taking away their liberty.

Handcuffing someone is taking away their liberty.

See the similarity? So, by handcuffing someone you are arresting them. In some circumstances (e.g. a justified search where the person is resisting) it is possible to arrest them to make the search and then release if you find nothing. Just ask yourself; if they refuse and walk away, will I forcibly prevent this?

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A person can be detained for the purpose of a search whether it be PACE 1 or S23 etc.

 

If you are detaining a person for a search you are taking their liberty away, we have the power to do this as long as the grounds for search are legitimate.  So the same rules apply about safety to youself and others.  So therefore if there is a perceived risk you can cuff them.
whatsgoinon22007-04-07 12:54:36

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No problem with doing that as long as it's justified and proportionate. If you're acting lawfully under PACE (i.e. a Sec. 1 search) then you can use that force which is justified in the circumstances using Sec. 117.

Basically, if they're violent or potentially violent trying to evade the search by running off or look like they might justifiably and genuinely be about to run off then you can handcuff.

 

Notice the gratuitous use of the word "justified"? Just got to make sure you write it up properly later in your PNB.

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Or look at it further any time I deal with an armed / potential armed person, and point a firearm at them, there is the assault as PACE / Criminal law Act allow

 

Do a call out and put them on knees and plasti-cuff them, I don't make the actual arrest (Well for Pre-planned) and then pass over to an arrest team who tell them what the subject is locked up for, cautioned and SOCAP'd etc,etc,etc

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thanks everyone

 

I mentioned sec 117 the other week during training but didn't get a convincing answer.

 

Nice to get your input - cheers

 

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Arresting someone is taking away their liberty.

Handcuffing someone is taking away their liberty.

See the similarity? So, by handcuffing someone you are arresting them. In some circumstances (e.g. a justified search where the person is resisting) it is possible to arrest them to make the search and then release if you find nothing. Just ask yourself; if they refuse and walk away, will I forcibly prevent this?

Sorry Pen, but I disagree, when handcuffing you are not arresting them!!! When searching you can detain for the purpose of that search you are not arresting them (yet), as long as you can justify it, NO PROBLEMS handcuffing to search. It's up to the individual officer and their perception, so for officer saftey (and MOP's) I would have no probs handcuffing for SEC1 and S23's, Proportinate, Necessary and all that

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I'm a bit worried that you can't get a sensible answer out of a trainer on this subject.

There is no rule, if you feel you need to do it and if you can justify it, do it!

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dave 1517 i agree with you. Part of GOWISELY is that they are being detained as part of a search. If they are being evasive, or trying to bin something then of course they have to be cuffed. Try to cuff someone as part of a stop/account may be different, although if they refuse to stop, and you have grounds to stop them then they are being evasive. Cufftime.

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Alright - just to continue the chat - how about if you arrive at a job. Someone is making off to leave before you are able to clarify what has happened. You ask them to wait but they refuse. You're only option if you wish to keep them there is to physically restrain them

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If he's making off and refuses to stop for you to extent where he tries quite hard to avoid waiting, I'd say you have grounds to detain for search, in the meanwhile you can find out whats happened. It depends what the call was. If you know already that the suspect for the call you are attending has committed an offence and is of a certain description, you have grounds to detain/arrest. Of course you'll find out if the victim wants to know, whats happened etc and if you end up not arresting, just release them. I find in most such situations, when you ask them to wait so you can ask them whats happened, they will. To run on sight of Police is just asking for it.

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I have no problem in detaining people to establish what has happened, if that means I have to handcuff someone who is trying to leave then I will do, I normally get such people to sit in my car while I sort things out anyway. If they are not involved they get thanked for their co-operation and released. Most innocent people don't mind too much and the guilty ones then get arrested.

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I handcuff most people straight away if there is a chance they are going to be arrested. People are griefy on our section and if they are not cuffed quickly you'll liable for a punch or two. You can always justify cuffing people before arrested, unless they are an old granny! 

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