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h07swilkinson

Use of handcuffs by security operatives

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h07swilkinson

Hi all,

 

I am a private security operative and I have recently passed a BTEC level 2 in the use of restraint equipment.

I understand the laws surrounding the possession and use of restraint equipment by citizens.

I was wondering, as police officers. 

1) What are your thoughts on Private Security Operatives carrying and using handcuffs?

2) If you arrived to a shout and a subject was already handcuffed by a Private Security Operative for what ever crime; what would your initial reaction be and what sort of questions would you be asking?

 

Thanks,

Shaun 

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Funkywingnut
Posted (edited)

If properly qualified and the actions are justified there is no issue. 

The use of handcuffs reduces the risk immensely to the person detaining the offender, I have no idea why people are so adverse to their use. Generally there is a misconception the police are the only ones that can use force, quite often fuelled by officers.  

Edited by Funkywingnut
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Radman
Posted (edited)
4 hours ago, h07swilkinson said:

Hi all,

 

I am a private security operative and I have recently passed a BTEC level 2 in the use of restraint equipment.

I understand the laws surrounding the possession and use of restraint equipment by citizens.

I was wondering, as police officers. 

1) What are your thoughts on Private Security Operatives carrying and using handcuffs?

2) If you arrived to a shout and a subject was already handcuffed by a Private Security Operative for what ever crime; what would your initial reaction be and what sort of questions would you be asking?

 

Thanks,

Shaun 

As @Funkywingnut has said I personally am not against their use by private security so long as:

-Someone is appropriately trained and recieves refresher training. 

-They understand clearly and can demonstrate clearly the legality of their actions and the the reasons why they have restrained someome. 

I imagine my outlook is somewhat different to alot of cops as I work in a police force which issues handcuffs to our PCSOs and can see the benefit very clearly in security and other lower tiered enforcement staff have in carrying them. I personally would see them as essential tools if security officers are going to be routinely making any person arrests or where there is a routine expectation to use any person force. 

This having been said I feel it is also appropriate security officers are taught how to write their own evidential quality MG11s and understand the importance of documenting use of force and notes. 

Edited by Radman
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Cathedral Bobby

I am in agreement with both Funkywingnut and Radman. Compliant handcuffing is relatively straight forward and safe. However, noncompliance cuffing is another matter. In these circumstances police can use strikes or additional pain compliance measures to achieve applying handcuffs during a struggle or significant resistance. I suspect your training did not cover this. Therefore you may be legally susceptible in a court case if you use cuffs in a noncompliance situation without demonstrating that you have been trained. Radman makes a very important point regarding the necessity of making accurate records and writing witness statements.

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h07swilkinson
3 hours ago, Cathedral Bobby said:

I am in agreement with both Funkywingnut and Radman. Compliant handcuffing is relatively straight forward and safe. However, noncompliance cuffing is another matter. In these circumstances police can use strikes or additional pain compliance measures to achieve applying handcuffs during a struggle or significant resistance. I suspect your training did not cover this. Therefore you may be legally susceptible in a court case if you use cuffs in a noncompliance situation without demonstrating that you have been trained. Radman makes a very important point regarding the necessity of making accurate records and writing witness statements.

Yes, you’re quite right, the course I attended did not teach pain compliance, to that end,  if a subject was kicking off that bad, to the point where pain compliance was a necessity, I would more than likely reconsider the use of handcuffs, especially without support from colleagues.

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h07swilkinson

Thanks for the reply’s guys,

Not quite the responses I was expecting. The purpose of this thread was so I know what to expect if I ever have to (hopefully not) deploy any kind of restraint equipment.

I sort of had some kind of preconceived notion that Police Officers would potentially not be happy about the use of cuffs by anyone other than those in a government organisation. And would immediately seek to find wrong doing.

 

Again,

thanks for clearing this up for me

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Fedster

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Sceptre
Posted (edited)
5 hours ago, Cathedral Bobby said:

...Therefore you may be legally susceptible in a court case if you use cuffs in a noncompliance situation without demonstrating that you have been trained. 

Legally susceptible how, and to what?

Any person is entitled to use reasonable force to prevent crime or effect an arrest under S3 CLA, and there's no legislation qualifying that with any training requirement nor does having been trained to do something mean that doing it would necessarily be reasonable in a given set of circumstances. It's a very strange kind of woolly thinking to tell someone that when the risks of personal injury are highest is when they shouldn't consider using equipment most likely to prevent that harm occurring and reduce the level of physical restraint required to a minimum. 

If a security guard does something which suggests a lack of competence, or uses force which appears disproportionate to the circumstances then they can expect some scrutiny. On the other hand they do what they honestly believe is reasonable and necessary in the face of violence then the law protects them more or less equally to any constable; the important thing is understanding the law around powers of detention and to use force thoroughly, and being able to articulate the thought process afterwards.

Edited by Sceptre
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Cathedral Bobby
Posted (edited)
Just now, Sceptre said:

Legally susceptible how, and to what?

Any person is entitled to use reasonable force to prevent crime or effect an arrest under S3 CLA, and there's no legislation qualifying that with any training requirement nor does having been trained to do something mean that doing it would necessarily be reasonable in a given set of circumstances. It's a very strange kind of woolly thinking to tell someone that when the risks of personal injury are highest is when they shouldn't consider using equipment most likely to prevent that harm occurring and reduce the level of physical restraint required to a minimum. 

If a security guard does something which suggests a lack of competence, or uses force which appears disproportionate to the circumstances then they can expect some scrutiny. On the other hand they do what they honestly believe is reasonable and necessary in the face of violence then the law protects them more or less equally to any constable; the important thing is understanding the law around powers of detention and to use force thoroughly, and being able to articulate the thought process afterwards.

When an officer has allegations made against them regarding use of force it is common place for PST instructors to give evidence in defence of officers and the training they have received in the use of their PPE. Now if a security operative attempted to restrain a noncompliant individual with rigid cuffs, and had not been trained in their use, and subsequently for argument sake broke the wrist of an individual while attempting to apply them, I think there are far too many grey areas. You might quickly find yourself subject of Sec 20 GBH. You can cause permanent damage very easily with rigid cuff if you do not know what you are doing. Police officers are trained in their use, even saying this we are extremely careful with each other when training. My advice would be if you are not trained, leave well alone.

Edited by Cathedral Bobby

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Sceptre
25 minutes ago, Cathedral Bobby said:

When an officer has allegations made against them regarding use of force it is common place for PST instructors to give evidence in defence of officers and the training they have received in the use of their PPE. Now if a security operative attempted to restrain a noncompliant individual with rigid cuffs, and had not been trained in their use, and subsequently for argument sake broke the wrist of an individual while attempting to apply them, I think there are far too many grey areas. You might quickly find yourself subject of Sec 20 GBH. You can cause permanent damage very easily with rigid cuff if you do not know what you are doing. Police officers are trained in their use, even saying this we are extremely careful with each other when training. My advice would be if you are not trained, leave well alone.

Don't get confused between matters of internal policy and misconduct, and the law - that a PST instructor can stand up and point to a technique in the PSM means very little in terms of whether that was reasonable force as that question revolves completely around the circumstances and the mindset of the person using force. Of course the OP is probably subject to his own employer's policies, but we can't pass comment on those here nor can we comment on the implications of negligent use of PPE. 

The OP could cause very serious damage to someone by fighting with them in self-defence, or by striking them - he could kill them through positional asphyxia through prolonged restraint which could be avoided by the use of cuffs. All of that's completely speculative, but what we can say is that if a security guard does what he honestly and instinctively believes is necessary in self-defence or the pursuit of a legitimate aim then the criminal law guarantees him good protection. 

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BlueBob
31 minutes ago, Cathedral Bobby said:

When an officer has allegations made against them regarding use of force it is common place for PST instructors to give evidence in defence of officers and the training they have received in the use of their PPE. Now if a security operative attempted to restrain a noncompliant individual with rigid cuffs, and had not been trained in their use, and subsequently for argument sake broke the wrist of an individual while attempting to apply them, I think there are far too many grey areas. You might quickly find yourself subject of Sec 20 GBH. You can cause permanent damage very easily with rigid cuff if you do not know what you are doing. Police officers are trained in their use, even saying this we are extremely careful with each other when training. My advice would be if you are not trained, leave well alone.

Understand what you are saying about training but our OP says they have received training.
  

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Funkywingnut
3 hours ago, h07swilkinson said:

Thanks for the reply’s guys,

Not quite the responses I was expecting. The purpose of this thread was so I know what to expect if I ever have to (hopefully not) deploy any kind of restraint equipment.

I sort of had some kind of preconceived notion that Police Officers would potentially not be happy about the use of cuffs by anyone other than those in a government organisation. And would immediately seek to find wrong doing.

 

Again,

thanks for clearing this up for me

Thankfully a police officer not being happy is irrelevant, many aren’t happy a lot of the time. 😀

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Cathedral Bobby
Just now, BlueBob said:

Understand what you are saying about training but our OP says they have received training.
  

No in his later post he clearly states he has not had training in cuffing noncompliance, hence my concern about him using rigid cuffs if not trained.

 

2 hours ago, h07swilkinson said:

Yes, you’re quite right, the course I attended did not teach pain compliance, to that end,  

 

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BlueBob
9 minutes ago, Cathedral Bobby said:

No in his later post he clearly states he has not had training in cuffing noncompliance, hence my concern about him using rigid cuffs if not trained.

 

 

Ah, missed hat bit n the blurb - in that case HO7 takes them out at his peril.

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h07swilkinson
3 hours ago, Cathedral Bobby said:

No in his later post he clearly states he has not had training in cuffing noncompliance, hence my concern about him using rigid cuffs if not trained.

 

 

Sorry, correction, I was taught how to cuff a non compliant subject, however when I was taught it was without pain compliance. E.g moving the arm into position, not using the cuff as leverage.

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