The Garda Representative Association has asked the Garda Commissioner to bring some clarity to the issue of restraining prisoners and wants clear protocols on the use of handcuffs for its members when performing arrests. Cases have been struck out in court because of issues relating to the use of handcuffs.
Those of you who grew up watching American cop shows will probably be confused by this. You will have seen suspects being routinely handcuffed and placed in the patrol car before ‘Danno’ took them off to be booked. Not so in this jurisdiction.
The use of handcuffs here is more restricted and a garda restraining a suspect must be able to justify the use of handcuffs in any subsequent court case. It is seen as a use of force and as such it has to be proportionate, so the garda can find himself in bother for using them. If you think that’s daft, don’t despair, you’re not alone.
There was a story in the Limerick Leader about a case in the district court where drink driving charges brought against a motorist, who was more than four times over the legal limit, were dismissed after a judge ruled the use of handcuffs by gardai was unacceptable.
The driver was prosecuted in relation to an incident in Limerick at around 2.15am and a garda told Limerick District Court that he observed a vehicle being driven in a car park and “rolling back” after the driver, a Polish national, attempted to park in a space.
He placed handcuffs on the defendant following his arrest and the prisoner was taken to Henry Street garda station where he later found to be four times over the legal limit of 50mg.
Being questioned about his decision to use handcuffs, the garda said that he had carried out a “quick risk assessment” before doing so. The defendant was highly intoxicated, I was unaware of his strengths and weaknesses,” he said. ”I had never met him before, he might have had a propensity for violence, I took precautions,” he added.
When the solicitor put it to the witness that the criteria outlined “could have applied to everyone”, the garda accepted he would not have handcuffed a grandmother. The garda agreed he was accompanied by a colleague on the night and that the driver was not aggressive and the solicitor submitted the use of handcuffs had been unnecessary and unlawful and there was “absolutely no reason to make a decision to place cuffs” on his client on the night.
Dismissing the case, Judge John King said it appeared from the garda’s evidence that he would decide to place handcuffs on healthy males “as a matter of routine” and not on a case-by-case basis.
“It appears he has decided if you are a male and healthy, then I am going to apply cuffs,” he said. On that basis, the judge said he was satisfied the arrest was unlawful and dismissed the charge.
It’s very easy for someone sitting in the safety of a courthouse to reach a determination that placing handcuffs on a prisoner is unnecessary. It’s a different kettle of fish when arresting a person in a public car park in the early hours of the morning.
An Garda Siochana is an unarmed organisation. The protection afforded to gardai today is pretty much the same as it was for me back in 1980, a soft cap, a baton and a pair of handcuffs. The batons we had were short timber sticks made of hickory but at least the modern version is extendable and made of stronger material. But they are still the basic tools.
I could count on one hand the number of times I used handcuffs back in the day. I rarely carried them with me because they were attached to your belt and were uncomfortable when sitting in a car. But times were different then.
Society has changed since those uncomplicated times and there is more violence on the streets today. There is a lot less respect for police officers too and they are faced with more aggression. Guns and knives are commonly used, and it’s difficult to determine how someone is going to behave when under the influence of narcotics.
Many years ago, myself and a colleague responded to a call regarding a disturbance on McCurtain Street. When we got there, we found two guys fighting. We had a job separating them and we decided to arrest both.
One of them calmed down but the other guy was hyped up and aggressive, so we handcuffed him and placed him behind the front passenger seat. My colleague sat in the middle while the calm guy sat behind me. As I was driving down the Lower Road, he suddenly lurched forward and punched me into the side of the head and started kicking the back of the seat.
I stopped the car and struggled to get the handcuffs on him. I decided there and then that in future, any person in custody in a car that I was driving, would be placed in handcuffs.
Once a person has been placed in custody, the personal safety of that prisoner becomes the responsibility of the arresting member. He has no idea how the prisoner will react to being detained but he must ensure that he doesn’t cause injury to himself or others. He must also ensure the prisoner doesn’t abscond because that could let the garda open to disciplinary proceedings or worse.
So, while police officers affecting arrests can’t use their handcuffs, politicians standing in a field for a photo opportunity, are required to wear hard hats, eye protectors and high viz vests before turning a sod.
Seems to me, the threat of being mauled by hungry worms is a greater concern for our legislators.