Legal Implications For The Use Of Handcuffs, Spray And Van Cells

Legal implications for the use of handcuffs, spray and van cells.

It is a question posed many times in security forums. Some companies have conducted a lot of research, others just take a risk on it.

Can a licenced SIA operative carry and use Handcuffs?

Handcuffs and incapacitant spray is routinely carried by the police services of England and Wales. The idea of replicating the appearance of a Police Constable should be done responsibly.

The use of handcuffs, spray and van cells would be classed as a use of force. Whilst  there are use of force powers specifically for Police officers, the law also allows for broader use of force powers commonly referred to as any person powers.

Section 3 of the Criminal Law Act 1967 states:-

A person may use such force as is reasonable in the circumstances in the prevention of crime, or in effecting or assisting in the lawful arrest of offenders or suspected offenders or of persons unlawfully at large.

This piece of law allows for the use of force by any person and will protect the individual provided its use is reasonable in the circumstances. It is the responsibility of the individual  to justify the use of force. This would require employing staff with a good knowledge of this power and its application.

Breach of the peace (Common Law) is also a relevant power when considering the use of handcuffs, spray and cells.

Breach of the peace law allows for:-

Any person can arrest:-

A)   Where a breach of the peace is committed by the person arrested in the presence of the person making the arrest ; OR

B)   Where the person making the arrest reasonably believes that such a breach will be committed in the immediate future by the person whom he has arrested

C)   Where a breach of the peace has been committed by the person arrested and the person making the arrest reasonably believes that a renewal of it is threatened.

This law would be relevant for many roles taken on by Security officers. If the Security officer is familiar with this law it would assist in dealing with a magnitude of scenarios.

Section 24(A) of the police and evidence act states:-

(a)anyone who is in the act of committing an indictable offence;

(b)anyone whom he has reasonable grounds for suspecting to be committing an indictable offence.

Where an indictable offence has been committed, a person other than a constable may arrest without a warrant—

(a)anyone who is guilty of the offence;

(b)anyone whom he has reasonable grounds for suspecting to be guilty of it.

But the power of summary arrest conferred by subsection (1) or (2) is exercisable only if—

(a)the person making the arrest has reasonable grounds for believing that for any of the reasons mentioned in subsection (4) it is necessary to arrest the person in question; and

(b)it appears to the person making the arrest that it is not reasonably practicable for a constable to make it instead.

The reasons are to prevent the person in question

(a)causing physical injury to himself or any other person;

(b)suffering physical injury;

(c)causing loss of or damage to property; or

(d)making off before a constable can assume responsibility for him.

HANDCUFFS

The law does not prohibit the carriage or use of handcuffs. Handcuffs are not classed as an offensive weapon unless the user intends them to be. This would be no different for a police constable. Provided the use of handcuffs are reasonable in the circumstances. Using legislation detailed above a Security Officer could carry and use handcuffs.

Whilst the SIA do not agree with the routine carriage of handcuffs they agree that in some circumstances they may be necessary. The SIA do not sanction any training of handcuff application however they accept that an SIA holder would not be in breach of its policy if he/she chooses to carry handcuffs.

Therefore the carriage and use of handcuffs for the purpose of private security tasks does not contravene any laws or regulations.

SPRAY

The spray in itself can obviously be confused by members of the public as police approved spray. Police approved spray is classed as an irritant and defined as a section 5 firearm for which its carriage/possession is illegal.

SIA operatives would carry an Offender ID spray (or similar). This is a police accredited tagging system. The use ensures that criminals can be identified if they flee from a crime/incident.

The use of offender ID has been examined by the association of chief police officers (ACPO)  who ruled that it did not fit into the category of a section 5 firearm as the contents were not an irritant.

Therefore the carriage and use of offenderID for the purpose of SIA operatives does not contravene any laws or regulations.

VAN CELLS

When thinking about the use of cells in vehicles public perception should be taken into consideration.

There are times when the presence of a cell would be of great benefit but its use should be proportionate.

By using  Section3 CLA 1967 it would allow for the use of a cell provided its use was reasonable. 

If an SIA operatives had detained a person and was awaiting the arrival of Police in some circumstances it may be safer to place the person in the cell particularly if they are violent or pose a risk.

The need to actually move the vehicle whilst  a subject is in a cell is unlikely to be necessary unless the aim was to remove a person from private property or the positioning of the vehicle became unsafe.

Therefore in the right circumstances the use of a vehicle cell would not contravene any laws.

The detained persons human rights must be a major factor when using handcuffs, spray and vehicle cells.

Staff and training

It is clear that to use handcuffs and spray in a security capacity needs to be done so responsibly. Therefore it is paramount to use staff fully trained in use of force powers. At present training packages are available  for 

·       Handcuffing techniques

·       Self defence

·       OffenderID spray use

In addition to standard SIA courses.

It should be compulsory that any staff employed as SIA operatives with the intention of carry handcuffs and spray, should have additional training. This would demonstrate the company takes the use of handcuffs seriously whilst ensuring the staff member knows how to use them responsibly.

To mitigate any civil action against you or your staff SIA operatives should receive an input on use of force powers and the application of same.

An officer safety model similar  to that used by police forces could also be used and adapted to help staff using their powers.

A policy of incident reporting should be practised and this would also demonstrate you are transparent and accountable.

It should be recommended that all staff members have legal cover in case of civil/criminal action from subjects.

You should consult with its insurers to ensure the use of SIA operatives with handcuffs fits in with the policy in place or  necessary adaptions are made.

Blue line Security are experienced in use of force and associated training. We can provide your security company or in house security teams with training packages and sessions. One to one training, consultation or advice.

www.blue-linesecurity.com

www.pulsepatrols.com