Arrest Plastic Restraint

New powers of arrest

By now, of course, we have all updated our front-line staff on the new powers of arrest that came into force under the Serious Organised Crime and Police Act at the beginning of the year. Our security operatives are now all aware of the new legislation, and understand how they now have to arrest for 'indictable offences' as opposed to the old 'arrestable offences', and understand the extra requirements they need to satisfy the courts in relation to justifying the arrest.Provided that the detainee does not resist the arrest, and decides to 'come quietly', then everything should run nice and smoothly and our wrong-doer will appear before the courts in good time and receive his just deserts.But what if our detainee offers some form of resistance? What if he is under the mistaken impression that a mere 'security guard' has no powers of arrest, and decides to play up? What happens if, in the worst case scenario, he offers physical violence in an effort to resist the arrest?

The use of force whilst effecting an arrest

Although the powers of arrest for security operatives have changed, the rules governing the use of force whilst effecting an arrest have not. They still fall squarely within the remit of Section 3 of the Criminal Law Act of 1967 ( such force as is reasonable in the circumstances in the prevention of crime, or in effecting or assisting in the lawful arrest of offenders, suspected offenders or persons unlawfully at large ) and, of course, under the rules of self defence ( if any person has an honestly held belief that he or another is in imminent danger, then he may use such force as is reasonable and necessary to avert that danger ).Most security operatives (excluding in-house security officers at the moment ) are now required to undertake the 4-day basic job training set by the SIA before they can obtain their licence to practice. One of those elements covers the security operatives powers of arrest, and hopefully by now all training providers will have undated their training materials so that they can competently explain the new legislation.But from a security company point of view, is this enough? Are we doing enough to protect our staff whilst carrying out these arrests?

Health and Safety issues

Under the Health and Safety at Work Act, we, as employers, are supposed to provide enough suitable training, instruction and equipment to keep our staff as safe as is practicable whilst they are carrying out their lawful duties. So what are we doing to assist our staff in effecting arrests of violent offenders? In most cases the answer is simple - 'not a lot'. Very few security companies teach their staff any 'arrest and restraint' or 'self defence' techniques. Whilst there is a useful element on Communication Skills and Conflict Management build into the initial training, conflict management can only take that member of staff so far. What happens when actual physical violence is offered during the arrest?There has been much debate over recent years as to whether security operatives should use handcuffs or other forms of restraint to assist them in violent situations. "Well that's a bit of a grey area really, isn't it", is the most common reply I get when broaching the subject. But that is simply not true - whilst there are no specific laws allowing security operatives to use handcuffs or restraints, there is equally nothing in the law that says that they cannot. Things aren't illegal in this country unless a specific law makes it so.Provided that handcuffs or restraints are only used when effecting a lawful arrest, and only on violent suspects, when they are absolutely necessary to prevent escape or injury, then it is not illegal to use them.It is one school of thought that the use of such restraints falls easily within the meaning of Section 3 of the Criminal Law Act of 1967, which, as we have already mentioned, allows any person to use such force as is reasonable in the circumstances to prevent crime and in effecting or assisting in the lawful arrest of offenders. When arresting a very violent offender for an indictable offence, for example, it would certainly seem reasonable to handcuff or use plastic restraints on the offender to prevent him from escaping, to prevent him from hurting himself, to prevent him from assaulting the person making the arrest, or from hurting anyone else nearby.

Home Office guidelines

The use of handcuffs and/or plastic restraints must be the exception in extreme circumstances, rather than a matter of routine. Home Office guidance to the police on the subject in 1977 said that, " Whether a prisoner should be handcuffed or not must depend on the particular circumstances, as for instance the nature of the charge and the conduct of the person in custody. Handcuffing should not be resorted to unless there is fair ground for supposing that violence may be used or an escape attempted". In each situation where you might consider the use of restraints, you should ask yourself whether there is a real threat of violence against you or others, or whether there is a real chance of the prisoner escaping from you. " Handcuffing cannot be justified unless there are special reasons for resorting to it".The use of handcuffs or plastic restraints is obviously a use of force, and therefore must be justified. Justification is achieved through establishing not only the legal right to use such equipment (ie when effecting a lawful arrest), but also through good objective grounds for so doing, in order to show that what was done was reasonable and necessary in the circumstances. Security operatives do need to be aware that the use of such restraints may have to be justified to the police, the courts and possibly in civil actions.If we are asking our security operatives to effect lawful arrests, and to be offered violence whilst doing so, then do we not have a duty under Health and Safety legislation to provide them with the training and equipment necessary to be able to carry out their duties with the minimum of risk?

New certified training

A new product has recently been launched to fill this gap in training and PPE (personal protective equipment). The new one-day APR™ (Arrest and Plastic Restraints) training programme teaches security operatives how to carry out lawful arrests under the new legislation, and how to use plastic restraints effectively, safely and within the strict rule of law. Certified by "Skills for Security", our recently implemented Government-supported sector skills body, this new 10-hour course has been specifically designed for anyone within the private security industry who may have to effect an arrest during the course of their duties. Interest in this innovative programme has already been shown by door supervisors, store detectives, security officers, revenue protection officers, street/crime wardens, civil enforcement officers, bailiffs, close protection officers, event stewards, private prison staff and both court and prison escort staff.Former police officer Andy Walker, who designed and wrote the programme says, "If we are teaching security operatives how to carry out arrests, which part of the training for SIA licensing requires, then under the Health and Safety at Work Act all employers need to be assessing the risks to those workers, and then providing suitable training and equipment to ensure, as far as is reasonably practicable, their health and safety. If a store detective is seriously hurt trying to apprehend a thief, then questions could be asked as to whether there was any suitable equipment available to assist in that arrest, and whether such equipment was issued to that member of staff". Andy lists the benefits of APR™ training as:-

• Increased levels of safety for security operativesReduced risk of harm to detaineesReduced risk of harm to the publicReduced risks of criminal allegations and civil claims against operativesIncreased public confidence
• Increased security effectiveness

The programme uses a new style of plastic lockable restraint used by police in the States. The key used to unlock the restraints is the same standard key that police officers over here use for their standard-issue handcuffs. This means that if a store detective or security officer has to use the APR™ restraints on a violent detainee, then when the police arrive they no longer have to go through the process of releasing the prisoner from the security operative's restraints so that they can put their own on. They can now simply take the prisoner away, safe in the knowledge that they can release him from the restraints themselves, using their own keys, back at the police station.Subjects covered on the course include:-

• The history of restraintsTypes of modern restraintsTheir use within the security industryRules/laws governing their usePowers of arrest (new powers under SOCAP Act)Conflict Resolution ModelThe risks involvedPractical application
• Knowledge and practical assessment

During the programme delegates are assessed on both the knowledge required to act within the law by way of a multiple-choice examination paper, and are physically assessed on the safe application of the restraints.Following successful completion of the programme, delegates are issued with their own set of plastic restraints, key and belt holder. They also receive a year's APR™ Protection Policy, which covers them for up to £25,000 for pursuing a claim for damages in respect of their own injury or death whilst effecting a lawful arrest, and up to £50,000 for legal defence against civil or criminal prosecution. This programme is the first and only nationally accredited training in the use of restraints for private security personnel. There are a few training providers advertising 'handcuffing' courses, but those use the police-style metal handcuffs, lead to no formal accreditation other than their own company certificate, and offer no insurance for those attending the course.It is hoped that in the future this new piece of PPE, supported by the accredited training and insurance, will become the norm within the UK private security industry, dramatically increasing levels of safety for those that work within it on the front line.

The APR programme uses a team of regionally-based, sector-competent instructors to provide this training nationwide.
Anyone interested in including this important new programme into their company training schedule, or any trainers wishing to add the course onto their own port folio should contact Andy Walker on tel: 07050-605750.

For further information, please view: www.fedstraining.co.uk