Gardaí have said it is very disappointing to see serious drink driving cases being struck out of court over the use of handcuffs when arresting suspects.

The Garda Representative Association (GRA) claims there is a lack of clear protocols on when they can and cannot use handcuffs.

The organisation said the confusion is leading to judges throwing out some cases when they come before the courts.

A motion urging the Garda Commissioner to provide officers with clear directions on the use of handcuffs will be debated at the GRA's Annual Conference in Killarney, County Kerry today.

Handcuffs

John Joe O'Connell, a member of the Kildare Division of the GRA, said the issue needs to be urgently addressed.

“It is very disappointing that cases of a serious nature like drink driving would be struck out from court in relation to the use of handcuffs,” he said.

“So we are looking for clarity from the Garda on that.”

He said Garda members understand that the use of handcuffs represents a “use of force” and that “everything has to be proportionate.”

“There have been cases around the country whereby drink driving matters have been struck out of the courts over issues which surround the detention of the people and the use of handcuffs on them or not,” he said.

“This motion is looking for clarity, direction and instruction from the commissioner on this simple matter.”

Guidance

He said arrests can often be complex and members need clear guidance.

“You are dealing with somebody who is intoxicated, who is maybe agitated and there may be issues with a Garda member being on their own – so that all encompasses a safety issue,” he said.

“Each individual arrest a member of An Garda Síochána makes has to be assessed in that way.

“Do they fit the criteria to have handcuffs placed on them?

“We are just looking for protocols and instruction from the commissioner.”

Armed gardaí

The conference will also discuss calls for a full time public order unit for Dublin and proposals for every Garda division to be equipped with a 24/7 armed support unit.

On The Pat Kenny Show yesterday, the Minister for Justice Charlie Flanagan said there is scope for the expansion of the units – but said he would be concerned at attempts to undermine the force’s standing as an unarmed police service.

The conference will also hear calls for Gardaí to be equipped with encrypted USBs and for greater supports to be put in place for officers who attend traumatic scenes.

The GRA represents 11,000 rank-and-file Gardaí.