Restraint and Handcuffs: Legal and Practical Framework

Physical restraint, including the use of handcuffs, is a use of force and must be justified in accordance with the principles of necessity and proportionality. There is no specific statutory provision that authorises the use of handcuffs; rather, the power to restrain derives from the general power to use reasonable force in the execution of a lawful purpose under section 3 of the Criminal Law Act 1967. Officers must be able to justify the use of handcuffs in any particular case, which means they must be able to explain why restraint was necessary in those circumstances.

The College of Policing's authorised professional practice (APP) on the use of force sets out guidance on the use of handcuffs and other restraints. Handcuffs may be used where an officer has reasonable grounds to believe that the person presents a risk of violence or of escape. The mere fact of arrest does not automatically justify handcuffing. Relevant factors include: the nature of the offence; any known history of violence; the behaviour of the person at the time; and the physical circumstances of the situation. Once applied, handcuffs must be regularly checked to ensure they are not causing injury, and they should be removed as soon as restraint is no longer necessary.

Beyond standard handcuffs, police are trained in a range of physical restraint techniques. These include joint locks, limb restraints, and control and restraint techniques. Officers who use any technique must be trained and authorised in that technique. Pressure point techniques and certain holds carry risk of injury or death and are subject to close operational oversight. The use of any restraint technique that restricts breathing, whether through pressure on the neck or through prone restraint, is a matter of particular concern and officers are trained to monitor the person for signs of respiratory distress.

Deaths following restraint have resulted in inquests, criminal prosecutions, and changes to policy. The independent Advisory Panel on Deaths in Custody monitors trends and makes recommendations. Where a death occurs following the use of force by police, the Independent Office for Police Conduct must be notified and may conduct an independent investigation. Officers involved in such incidents may face gross misconduct proceedings, and potentially prosecution for manslaughter or a health and safety offence, where the use of force was unlawful or grossly negligent.