National Archives 1985: Gardaí were using privately-owned handcuffs

In 1985, senior gardaí were concerned about the use of privately owned sets of handcuffs by members of the force.

State papers reveal that a deputy Garda commissioner sought legal clarification from the Attorney General and the Chief State Solicitor at the end of 1985 about Garda use of non-regulation equipment.

The authorities indicated they had a certain concern about the use of privately-owned handcuffs.

Their use could leave the State in a difficult position if there were actions for personal injuries arising out of the use of unauthorised equipment.

Documents show that the police authorities believed gardaí needed training in the use of the handcuffs as there were various makes of handcuffs, of which only some were officially approved.

A senior official in the Office of the Attorney General, Matthew Russell, said it seemed that there was a possibility of “injury being sustained through improper or unskilled use of handcuffs and through the use of handcuffs of unsuitable make or design”.

In such circumstances, Mr Russell said he could not see how the State could avoid losing a legal challenge on the basis that it allowed individual gardaí to make up their own minds as to what make of handcuffs they chose to carry and use.

Although gardaí had the legal right to use whatever means were necessary and appropriate to defend themselves and others and to prevent a prisoner’s escape, Mr Russell said it seemed it was a question for Garda management to decide the balance between the need to use handcuffs to control criminals and their unwarranted use.

Deputy assistant Chief State Solicitor Michael Buckley said he did not think that the use of privately owned handcuffs could be justified.

He found use of such equipment “undesirable”.