when is it OK to physically restrain a member of the public

[Marc Lewis]

We will often walk people (especially oap's where a diversion is a major hinderance) through the site with immediate supervision. I understand that this is not practical on a busy site. You must as a team be well aware of your surroundings (incl. climbers) and be prepared to temporarily cease work should a member of public enter your work zone. It should never need to come to physically touching let alone restraining someone. As soon as you even touch a member of the public you could well be opening a whole can of worms.

[WelshMan]

you can use reasonable force to prevent a person causing physical injury to himself or any other person, you can also arrest & retrain them using reasonable force however you you must let them know you are doing so at the earliest possible opportunity.

 

There are many different lawful excuses for restraining or assaulting someone.

 

But an individual (as opposed to a constable) doesn't have the power to arrest someone unless it's an indictable offence - section 24A(1) Police and Criminal Evidence Act 1984.

 

It's not an indictable offence to ignore your barriers. An indictable offence is an offence that may be tried at the Crown Court, as opposed to a summary offence which is Magistrates court only.

 

If you start arresting somebody then you're leaving yourself wide open for a claim of wrongful arrest and payment of compensation.

 

Saving "life or limb" would almost certainly be a lawful excuse for restraining somebody. However, it's not a lawful reason to arrest somebody.

[treeman]

Could you imagine, arbs being given the go a head to arrest the public for entering a safe work zone!!!

[felixthelogchopper]

People also need to consider that if it gets physical, it could just as easily be themselves getting hurt rather than the member of the public.

[MWArb]

People also need to consider that if it gets physical, it could just as easily be themselves getting hurt rather than the member of the public.

 

Haha got an image in my head of a little groundy attempting to stop superman as Clark Kent

[felixthelogchopper]

Haha got an image in my head of a little groundy attempting to stop superman as Clark Kent

 

I'd be more concerned about an aggressive crackhead with something sharp myself.

[MWArb]

I'd be more concerned about an aggressive crackhead with something sharp myself.

 

Ok so that was my first thought.. I just lightened it for humour sake haha

[treeman]

I'd be more concerned about an aggressive crackhead with something sharp myself.

 

Yup same here, I had an incident a while ago with a dog owner, the situation quickly escalated, with him right in my face!! I never stopped calling him sir! I think that made it worse tbh.

 

Smile an waves boys! Smile an wave!

[WelshMan]

I'd be more concerned about an aggressive crackhead with something sharp myself.

 

Reminds me of Crocodile Dundee.

 

"Call that sharp? Now this is sharp!"

(Says he pulling out a Fiskars X27 or a MS660 with the engine revving, purely of course for the reason of showing why it's dangerous to cross the barrier).

[mendiplogs]

We will often walk people (especially oap's where a diversion is a major hinderance) through the site with immediate supervision. I understand that this is not practical on a busy site. You must as a team be well aware of your surroundings (incl. climbers) and be prepared to temporarily cease work should a member of public enter your work zone. It should never need to come to physically touching let alone restraining someone. As soon as you even touch a member of the public you could well be opening a whole can of worms.

HI MARC im with you on this mate when anyone goes restrain that sound night mare so watch out you may be only trying to help but some may not see it like that so just down tools call the police in thanks happy new year to all jon