The Home Office has introduced a significant change to policing rules in response to concerns that the current system is inadequate. The adjustment focuses on the legal standard used to assess the use of force in high-pressure scenarios, aiming to prevent officers from being punished for genuine errors.
Presently, police officers’ use of force in misconduct cases is typically evaluated under a civil law test, which offers limited leniency for mistakes. This standard will now transition to a criminal law test, requiring officers to demonstrate a genuine belief in the justification of their actions when responding swiftly to dangerous situations.
The modification, disclosed on Friday, follows recommendations from an independent review by Sir Adrian Fulford PC and Tim Godwin OBE QPM, commissioned by the Home Office. The reviewers noted that past legal cases had hindered officers’ confidence in effectively using force by complicating their decision-making processes.
In response to the review, Metropolitan Police Commissioner Sir Mark Rowley supported the changes, emphasizing the importance of a fair, consistent, and transparent accountability system for police actions. He highlighted the need to alleviate the prolonged uncertainty officers face during legal proceedings, which often scrutinize split-second decisions made under challenging circumstances.
Despite the prior use of the criminal law test in misconduct cases, a 2023 Supreme Court ruling mandated the adoption of the civil test. However, the recent review argued that this switch led to confusion and inconsistency, adversely affecting police morale, particularly among firearms officers.
The new legal adjustment for assessing force in misconduct cases will encompass all instances where an officer uses force, whether in self-defense or protecting others. The Government plans to introduce legislation to amend the use of force criteria following consultations with the Police Advisory Board for England and Wales, as required by law and subject to parliamentary approval.
Additionally, the review proposes a public consultation on the standard of proof applied in unlawful killing inquests. Minister for Policing and Crime, Sarah Jones, emphasized the need for officers to act decisively in dangerous situations while ensuring accountability for those who fail to meet expected standards, aiming to enhance public confidence in the police force.
For further details, visit GOV.UK.