82
Resource book on the use of force and firearms in law enforcement
REGULATION OF BATON USE
The Portuguese Regulation on Limits to the Use of Coercive Means by the National Police (2004), in
its chapter 2, section 6.6, states: “Baton strikes to certain areas of the body (RED areas such as head,
neck and spine) are prohibited in view of their potential lethal consequences, unless there is a potentially lethal threat.”
The Peruvian Human Rights Manual for Police (2006) similarly instructs officers to avoid baton strikes
to the head, neck and thorax.
Handcuffs and other restraints
Description and use
Handcuffs are a universally used means of restraint, applied to control a person who poses
a risk or may flee. They have not undergone any significant changes since their introduction.
They consist of small metal, for example stainless steel or nickel plated, sometimes plastic,
connected rings, and are used to tie someone’s hands either in front or behind the back with
the palms positioned outwards.
Some types of handcuffs get tighter if not “double-locked”, as when someone tries to remove them.
Other types are fixed. With their hands properly cuffed most people are under control, as it makes it
difficult to run away. However, some suspects may persist in aggressive behaviour and additional
measures may be needed, including possibly the application of limb restraints (see below).
Risks and how to mitigate these
It is considered good practice to only use handcuffs that can be double locked so as to avoid
over-tightening. For safety reasons, handcuffs should not be used to handcuff someone to
another person or object.
Handcuffs or other restraints should never be used with the sole aim of punishing someone, or
kept on beyond the time necessary, or once the person is in a situation where they no longer pose
a risk or attempt to flee. In some countries, handcuffs are always used upon arrest or when
transporting a detainee, regardless of the threat they pose. However, applying handcuffs is not
always required and may create unnecessary discomfort for the subject. Handcuffs should only
be employed when there is an objective reason to believe the offender might escape or is likely to
use violence against the law enforcement official or someone else.171
The age, gender, respective size and apparent strength and fitness (i.e. physical condition) of a
person are factors in deciding whether or not handcuffs should be applied or continued. For
example, where a person has a condition that may be aggravated when handcuffed, this might
make their use unreasonable and amount to excessive force. Some countries explicitly prohibit
171
See PSNI Manual of Policy, Procedure and Guidance on Conflict Management, chapter 6: Handcuffs.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents