Handcuffing procedures

Freedom of information request reference no: 01.FOI.24.035396

I note you seek access to the following information:

A YouTube vlogger has uploaded a video of his search under Section 43 of the Terrorism Act ('hostile reconnaissance') and his arrest under Section 50 of the Police Reform Act 2002:

(Link Removed)

At 3:40 of the video, an officer states that it is standard procedure to handcuff people being transported in a police van:

1. Can you confirm that this is correct?
2. Please provide a copy of your most recent officer guidance relating to the handcuffing of suspects.
   In the second of three videos uploaded by the vlogger, at 13:04, the same officer states that 'under Section 43 of the Terrorism Act we have the right to place you in handcuffs'.
   (Link – Removed)
3. Can you confirm that suspects detained under section 43 of the Terrorism Act must be handcuffed in all circumstances?

Decision

I have today decided to disclose some of the requested information. Some data has been withheld as it is exempt from disclosure and therefore this response serves as a Refusal Notice under Section 17 of the Freedom of Information Act 2000 (the Act) by virtue of the following exemptions:

Section 40(2)(3A)(a) – Personal Information

Reason for decision

A Freedom of Information Act request is not a private transaction. Both the request itself, and any information disclosed, are considered suitable for open publication. This is because, under the Act, any information disclosed is released into the wider public domain, effectively to the world and not just to one individual.

As the Handcuff Policy contains names of staff members, FOI exemption Section has been applied.

Sec 40(2)(3A)(a) - Personal Information s40 is an absolute exemption which means that the legislators have identified that harm would be caused by any release. In addition there is no requirement to consider the public interest test.

Disclosure

At 3:40 of the video, an officer states that it is standard procedure to handcuff people being transported in a police van:

Q1 - Can you confirm that this is correct?

The justification for the application of handcuffs falls to the officer to rationale why they have decided to use handcuffs.

Q2 - Please provide a copy of your most recent officer guidance relating to the handcuffing of suspects.

In the second of three videos uploaded by the vlogger, at 13:04, the same officer states that 'under Section 43 of the Terrorism Act we have the right to place you in handcuffs'.

Please see the documents below for your perusal.

Q3 - Can you confirm that suspects detained under section 43 of the Terrorism Act must be handcuffed in all circumstances?

The justification to handcuff a person is a use of force and it is up to the officer to justify his/her reasons for handcuffing, not one which is attached to the Terrorism Act.