How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask JGM Your Own Question
JGM, Solicitor
Category: Law
Satisfied Customers: 12190
Experience:  30 years as a practising solicitor.
Type Your Law Question Here...
JGM is online now

Is there any law in Scotland that prohibits non-police staff,

This answer was rated:

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?
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.
Please leave a positive response so that I am credited for my time.
JGM and other Law Specialists are ready to help you
Customer: replied 3 years ago.

Excellent response. Very quick and accurate. Thank you