• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

Police use of handcuffs at voluntary attendance?

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Police use of handcuffs at voluntary attendance?

    Question: Is it normal for police to handcuff a suspect who is already within the station and has attended on time for what he believes to be a voluntary interview, and who is 100% peaceful, compliant and showing no threat?

    Note: Complaint was been made, inspector chose not to make it a formal investigation, and said that officers were justified in cuffing me "due to not having dealt with me before. Complaint rejected. I am not happy.

    Background: Restraining order/non-mol against contact with son (legal aid messed up, I was unrepresented, she spend £thousands/top private barrister).

    tl;dr - in January '23, I attended police station for what I thought was a voluntary interview.
    I work away from home and had spotted police on CCTV - I had assumed it was because I'd attended allowed meeting at school regarding son's <80% attendance.
    I called police to ask if I could help. They said they couldn't tell me what it was about, but asked when I could next come in.
    Because police had lied about not handcuffing me last time I attended voluntarily, I ensured duty solicitor and retired policy officer friend went with me as witness.

    They said the handcuffing was "Because you've come to the police station, we'll just pop you in handcuffs while we take you round to the front".

    I was then taken a bizarre long-way round the inside and then outside of the building, and made to wait 8 minutes in the yard alone with the two officers outside the back entrance to the custody suite.

    They could have just taken me straight from the reception area to the custody suite - there was no-one else there except myself, solicitor, retired police friend and the two officers.
    Note: I have NEVER been arrested for anything to do with violence, drugs, alcohol or indeed ANYTHING except minor breach of family court order NOT involving any violence.

    I was handcuffed again and made to wait in cell for 5 hours (I have ADHD, very stressful) before being brought to interview with friend and solicitor to be told that the "domestic violence" crime was that apparently, some weeks before I'd apparently accidentally clicked "like" on a TikTok (or was it Youtube - they couldn't decide) video my son had made. My son is 12, he shouldn't even HAVE those accounts.

    Despite not actually seeing it, my ex interpreted that as being direct contact. Of course, it's actually pushback to deflect from her neglectful parenting and impending absence prosecution.

    [Account of PC ArrestingOfficer]
    PC HandcuffingOfficer then handcuffed SUSPECT as he was not known to either of us, having never dealt with him before, so we didn’t know if he posed any risk to us or anyone else at that point in time. Due to a search not being allowed to be conducted on SUSPECT following his arrest due to section 32 of PACE not allowing this following his arrest, me and PC HandcuffingOfficer could not be sure whether SUSPECT had any weapons or other dangerous items on his persons. The waiting area where SUSPECT was arrested was small and quite cramped with the 5 people in there, and with SUSPECT needing to be brought through the station to get to the custody door, it was deemed appropriate for him to be handcuffed.
    [Account of PC HandcuffingOfficer]
    SUSPECT attended the station and myself and PC ArresttingOfficer went to arrest him. At this time he was in the small custody entrance to the front of the Police building. In this small room was SUSPECT, his AA [Appropriate Adult] (Relative/Friend) and his solicitor as well as the 2 Officers. PC 1274 arrested SUSPECT and due to never dealing with him before and the fact he had attended the Police Station I decided to handcuff SUSPECT.

    The main reason for this is due to the fact he had presented himself at the Police Station, Police were unable to search him under Section 32 of PACE and as such, in order to not only keep Officers safe but that of members of the public that were in the custody setting and those who potentially would have come into the room I decided handcuffing would be the safest option. Not only this but SUSPECT had a number of items with him including a large bag, although he had presented himself to the station, he was to some degree an unknown risk.

    I had also thought about the fact that we would have to move SUSPECT into custody, this either meant walking outside and around the front of the Police Station with the potential that he may run off or have to pass other members of the public or through the Police Station and into the back yard. The best option was to walk SUSPECT through the station a short distance and to the backyard, having said that this still meant walking past offices, members of staff and potentially members of the public so I though it was best placed to have control over SUSPECT by having him in handcuffs. Also there was also the fact that SUSPECT might have to wait outside the custody entrance for a little while which increased the risk to Officers and his potential escape.

    SUSPECT was handcuffed to the front in the front stack position and the handcuffs were not too tight either.
    The following images from the BWV show that my hands are open and empty as I am explaining something.
    The lady in the middle is a 75 year old retired police officer friend. The man on the right is a duty solicitor.
    We have been buzzed into the secure waiting area of the police station.
    25 seconds later I am being handcuffed.

    I live in a small area and the local solicitor is very slow to respond. What can I do myself to deal with this before it happens again?


    Click image for larger version

Name:	2023-01-26 25 seconds before cuffing redacted.jpg
Views:	1
Size:	34.6 KB
ID:	1646010

    Click image for larger version

Name:	2023-01-26 handcuffing redacted.jpg
Views:	1
Size:	38.8 KB
ID:	1646011
    Tags: None

View our Terms and Conditions

LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.
Working...
X