The legality of handcuffs

I have a pair of pink fluffy ones

I wonder will my hubby have to arrest me?

If you have the power to arrest someone you have the power to use handcuffs. However, I would not use them if I was a civilian as you're leaving yourself open to a civil suit where you'll be asked "what training had you in using cuffs".

Deleted User wrote: »

Civillians and security guards not being able to use handcuffs is another one of those silly laws that shouldn't exist.

In my own opinion, anyone, be they a Garda, Fire Officer, security guard, bouncer, cleaner, unemployed, or retail sales assistant, should be entitled to use handcuffs or other such restraining device when it is necessary to do so.

My Dad does security in a pharmacy, and every now and again you get some scumbag in throwing punches and screaming at the top of his lungs because he wants tablets or such that he can't have. Getting the person to the ground and having to keep them down could be made a lot easier with handcuffs.


I don't believe they should be issued to people or staff who aren't Gardaì, but I don't think there should be any law against people purchasing them to use for the purpose of restraint.

I don't know it's a very difficult one. In general I agree with your theory that is if a person can prove that they needed to restrain another person for their safety or that of another’s; that they should not have to fear the law. For example, I caught a guy climbing out of my neighbours front window a few years ago, I let him go after about 20 mins, as it was going to get too messy to keep him there whilst I was waiting for ES.

In other words if I was going to hold him any longer I would have had to get a lot more physical. Whereas I was confident of my abilities to restrain him, I let him go because I did not want to end up with a conviction. More than likely this would not have occurred; but as a civilian in such circumstances you need to be aware of the position you could end up in.

However, then I reflect on the example you provide, I work in a methadone clinical; so we deal with the ones barred from community chemists and those deemed unsuitable for treatment in the community due to their behaviour. If our general assistants where down a man, we used to have security into cover. We also used to have security on the door.

My experience was that most of the guys we ended up with where poorly trained, had very strong prejudices against our clients [everyone is entitled to their personal opinion, but you leave that outside of work] and where often a liability when things kicked off, taking the shouting and mouthing personally and sometimes making the situation more difficult to control. Now that is just my personal experience and it would be unfair to make a generalisation about it. I did find that their de-escalation skills where in general very poor, which makes life so much more difficult. Sometimes people skills can be much more effective than having to resort to use of force or restraint.

So this leaves me in a situation where I think as a citizen a person who fears for their safety should have nothing to fear, but I dislike the thoughts of security or bouncer’s using them. I know things are changing but my experience of security workers would make me inclined to say that they don't have the training to do it, and therefore should not be doing it.

With saying that in Spain you often see security carry cuffs and batons, well in the airport; but they are private security. However, I don't know what type of training they receive. I have done security work in the past, I was grateful for the work as it really helped me pay my way through college, but I would have received next to no training.

As it has been pointed out, anybody can buy cuffs but legally I would be very careful as a civilian in using them. I have had people suggest to me that I should have plastic ties in my office in case a client kicks off; I have my own drills and stuff around that. However, the fact that people would suggest that to me, sends a warning signal off about the average person’s thoughts around the legality of holding someone against their will.

Sorry for the long post and I hope there is some sense in it; but it’s a difficult topic and they last thing a person wants is to end up in court, when they where merely trying to protect themselves.

Irish_Elect_Eng wrote: »

Handcuffs are only one design of restraint. If it were illegal to carry cuffs then would it be illegal to carry cable-ties or a length of rope or chain. So it is really all about what you do with them rather than actual possession.

Actually no it wouldn't mean that at all. Cable ties, rope and chain all have uses beyond restraining a person (for whatever reason ).

goldie fish wrote: »

So do handcuffs....................................................

Go on, what designed uses do handcuffs have besides restraining people?

ah but thats not a designed use. cable ties are designed to, tie cables together..... shock horror. rope is designed for many many things, as are chains.

handcuffs are designed for one purpose only, the restraint of a person.

a poster said that cable ties, rope and chain should be outlawed if handcuffs were outlawed for the general population, as these can be used to restrain a person. I'm merely trying to say that because these items were not designed with the intent of restraining a person, that this would not be the case.

I don't agree that intent has anything to do with whether or not ropes, chains and cable ties should be outlawed because it may be used to restrain a person. There's already legislation in place to deal with that.

Ropes, chains and cable ties are designed to be multi purpose items, Handcuffs are not.


Let me put it this way, should lighters and matches be outlawed? IF not then why not? can they not be used to commit arson? Can screwdrivers not be used to stab people? You cannot outlaw an item because of the intent of some users.

However it becomes easier to outlaw an item when it has a fixed designed purpose, ie handcuffs - restraint, Samurai swords - cutting people, cocaine - getting high etc etc.

Can I just point something out...

Handcuffs
hand... cuffs...

they are designed for restraining people...



or watches

1922 wrote: »

if a cyclist had a pair, he could cuff his bike onto something to go into the shop!!!!

now!

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