The Home Office has introduced a significant alteration to current policing regulations due to concerns that the existing framework is inadequate. This modification specifically pertains to the criteria used to assess the use of force in high-stress situations, aiming to protect officers from repercussions for genuine errors.
Presently, police officers’ use of lethal or other forms of force in misconduct cases is typically evaluated under a ‘civil law test’ that offers limited leniency for accidents. This will now transition to a ‘criminal law test,’ requiring officers to demonstrate their genuine belief in the justification of their actions when employing force swiftly in risky circumstances.
The announcement, made on Friday, follows an independent review by Sir Adrian Fulford PC and Tim Godwin OBE QPM, commissioned by the Home Office. The review highlighted that past legal cases have complicated officers’ decision-making processes, inhibiting their confidence in utilizing force effectively.
Responding to the review, Metropolitan Police Commissioner Sir Mark Rowley emphasized the need for a fair, transparent, and timely scrutiny system for police actions to ensure accountability without unduly burdening officers with prolonged legal processes and varying standards.
Although the criminal law test was previously employed in misconduct cases, a 2023 Supreme Court ruling mandated the use of the civil test instead. However, a recent review argued that this change led to confusion and inconsistency, adversely affecting police morale, especially among firearms officers.
The revised legal framework for using force in misconduct cases will now encompass all instances where a police officer deploys force, whether in self-defence or to protect others. The Government plans to introduce legislation to amend the use of force assessment after consulting with the Police Advisory Board for England and Wales, as required by law.
Additionally, the review suggests that the Government conduct a public consultation on the standard of proof in unlawful killing inquests. Minister for Policing and Crime Sarah Jones stressed the importance of empowering officers to act decisively in dangerous situations while ensuring accountability for any deviations from expected standards, ultimately aiming to rebuild public trust in law enforcement.
For further details, visit the official GOV.UK website.