Law of handcuffs

• Main Authors: Mohamad Yunus, Mohamad Ismail, Mohamad Hanifa, Shamshina
• Format: Article
• Language: English
• Published: Current Law Journal 2017
• Subjects: K Law (General); KBP Islamic Law; KD England and Wales; KPG Malaysia
• Online Access: http://irep.iium.edu.my/61056/1/Law%20of%20Handcuffs-%20CLJ.pdf; http://irep.iium.edu.my/61056/; http://www.cljlaw.com

The application of handcuffs by enforcement agencies especially police force has drawn heated arguments and adverse attention of the public. The public complained and criticised the use of handcuffs by the police when effecting arrests or while escorting the accused person to court for hearings. Some public bore the view that, in most instances, the use of handcuffs is unnecessary and amounts to an abuse of power. The controversy surrounding the use of handcuffs in restraining a yet-to-be convicted person stems from the general rule that 'no man is guilty until proven guilty'. Thus, the legal issue pertaining to the application of handcuffs by police personnel is purposely chosen to examine the appropriate moment for the application of handcuffs by looking into the legal provisions under the relevant laws and the judicial decisions as well as the standard operating procedure ('SOP') employed by the Royal Malaysia Police Force.