does the police have the right to use excessive force, handcuff you without first placing you under arrest?

Question

this question is to try and clarify the constitution of the uk as the scottish constitution states that no police officer can demand that anyone accompanies him or her to a police station unless they are placed under arrest. also, when you are placed under arrest does the police have the liberty to fail to read you your rights. I would have thought that your civil rights were violated if any police officer failed to read you your rights and still use excessive force to handcuff you and detain you.

thanks , any feed back will be most welcome

Answer 1

You must be cautioned and the officer take physical hold of you otherwise there is no arrest. You are right though, excessive force is not allowed.

Answer 2

Yes you can be handcuffed prior to arrest if you are behaving in a violent or otherwise threatening manner that in the opinion of the police officer(s) poses a threat to yourself, them or the general public, or you are judged to be likely to abscond (run away) if you are not restrained.

You cannot be forced to go to a police station unless arrested, but you can be asked to accompany the police voluntarily to a police station (which if you've done nothing wrong you should have no objection to).

The definition of excessive force is a tough one, as there is very little written down that defines what is "excessive". However if you feel you have been the victim of excessive force you can complain through the Independent Police Complaints Commission, or you can take out a private prosecution against the officers concerned.

Answer 3

Just because a person is placed in handcuffs does not mean they being arrested, they could be "detained" while the officer is trying to figure out what is going on. An officer cannot transport someone if they haven't been arrested but the officer can always "unarrest" and simply decide to issue warrants later or after speaking to the person who was originally "arrested" decide that they don't want to charge them with it. There are many different scenarios. As far as your rights go. The officer does not have to read you your rights just because you have been arrested, that is only on TV. There are two things that must be present that make it mandatory for an officer to read you your rights 1) you are in custody 2) you are being questioned if you are in custody but not being questioned then no one has to read you your rights. And when you say excessive force, like what? We are allowed to use whatever force is necessary to detain you. If you are fighting the officer while they are trying to handcuff you then you are resisting and we can use force to detain you.

Answer 4

Your right but there are a few times they wouldn't have to. Such as: If you are a danger to yourself or someone else or are in a dangerous situation (IE on a rail track). If you are so intoxicated that you would not understand the caution given to you.

Basically from what i have learnt from working with the police is that they can do as much as they like SO LONG as they can justify doing it.

I have only ever seen 1 police officer who I thought was using 'excessive force' and I ordered him to stop. The guy had already been arrested and was in custody and as far as i was concerned was then under my Custody. The detainee was a total prick tho!

Answer 5

if you are not read your rights before being charged with an illegal act then the arrest becomes invalid .how ever a police office can handcuff you while reading you thoses rights if handcuffed with out proior notice of you being under arrest then this invalidates the arrest also ,how ever it ia alwasy bes to coperate fully wiht the police as mistake are made and can invalidate any arrest . if at any time excessive force is used then a written complaint to the police commission is recomended stating dates and times of the allegbed offence and by what offer it was commited by identified by his shoulder number and office branch .

Answer 6

You want to be handcuffed? Handcuffs are inhumane because they cut off circulation to the hand and fingers and if left on too long can cause grave injuries. Here in the states one can be asked to come in for questioning but few are escorted because the return trip has to be provided too. Rights are read to American Citizens, do subjects of the Queen have rights?

Answer 7

If at the time of arrest it is not possible to read you your rights, ie crowd, excessive violence etc, this is acceptable as long as it is done in the custody suite or van, and normally is done, just most are banging around and dont remember it !. You are always handcuffed during the saying of the reading of rights, but imagine you have to cuff them, they are drunk/drugged up?, the cuffs are used to stop harm to themselves and to others around. YOu will always be read your rights and as I have seen, many prisoners kick off in the van and would know what day it was let alone stay quite while having their rights read to them !

Answer 8

Unfortunately they can handcuff you and I have seen excessive force used several times without an arrest being made. The police dont take any chances if they think they are in danger they are very aggressive. One rule for them and one for the rest of us. I wouldnt be a copper for any amount of money in this current climate but I am sorry I dont have any respect for them.

Answer 9

Yes. If you are legally detaining someone, you can apply handcuffs. This is normally done if there is a safety concern, or if the person is a risk to flee while you are investigating.

Answer 10

simple handcuffing is not excessive force.

Yes.. they can cuff you prior to being arrested. They must first safeguard themselves and others then they will do the arresting if necessary.