Can police handcuff you without arresting you?

The use of handcuffs by police is governed by the general power to use reasonable force under s.117 of PACE 1984 and s.3 of the Criminal Law Act 1967. These provisions allow the use of "such force as is reasonable in the circumstances" in the exercise of any power under PACE or in the prevention of crime.

During a stop and search, an officer does not need to arrest you before using force, including handcuffs, if the use of force is necessary and proportionate. PACE Code A (paragraph 3.2) states that the use of force during a stop and search must be "reasonable and proportionate." The College of Policing guidance on the use of force requires officers to consider the National Decision Model (NDM) before applying any force.

Situations where handcuffing without arrest may be justified include: where a person is violent or threatening, where there is a risk of escape, where the person has been warned they will be handcuffed if they do not cooperate, or where the officer reasonably believes the person poses a danger to themselves or others.

However, routinely handcuffing everyone during a stop and search is not lawful. In the case of Thompson v Commissioner of Police of the Metropolis [1997], the Court of Appeal confirmed that the use of force must be justified in each individual case.

Article 3 of the European Convention on Human Rights prohibits inhuman or degrading treatment. Unnecessary handcuffing, particularly in circumstances where there is no threat, could engage Article 3 or Article 8 (right to respect for private life).

If you are handcuffed, the officer should explain why. If handcuffs are too tight or causing injury, tell the officer immediately. You can request that the handcuffing be recorded, and it should appear in the officer's notes and any body-worn camera footage.

A police detention officer or custody officer can also apply restraints at the police station if necessary for safety, but this must be recorded on the custody record.