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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 11551
Experience:  30 years as a practising solicitor.
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Is there any law in Scotland that prohibits non-police staff,

Resolved Question:

Is there any law in Scotland that prohibits non-police staff, primarily security or door supervisor staff, carrying or using handcuffs to reduce the risk of a violence or to detain a person lawfully arrested if they are properly trained to do so?
Submitted: 2 years ago.
Category: Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
You are speaking of a citizen's arrest. Unlike England we don't have any specific statutory law in Scotland about citizen's arrest.
However, the common law permits someone who has witnessed a serious crime to use reasonable force to detain the perpetrator until the police can attend and take over. Reasonable force would depend on the circumstances but it would be reasonable to restrain a violent perpetrator, by handcuffs if there was no alternative necessary.
Note that any person carrying out a citizen's arrest and detention on a person without having witnessing the crime being committed would run the risk of committing an offence, likely to be assault, themself.
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Customer: replied 2 years ago.

Excellent response. Very quick and accurate. Thank you