Police pursuits consultation - your views count

2 August 2018

The Law, Guidance and Training Governing Police Pursuits – Current Position and Proposals for Change

The Government is setting out the findings of our review of the legislation, guidance and practice surrounding the police’s pursuit of suspected criminals, announced in September 2017, and seeking views on future options in this area. The review has focused in particular on the issues facing police drivers and whether driving in accordance with their training, experience and exemptions from certain areas of road traffic legislation might leave them facing criminal or disciplinary proceedings. 

The review has identified a number of work streams either underway or that should be taken forward irrespective of the outcome of this consultation. These include: 

• the police, with the College of Policing, will work to revise and expand the guidance on emergency driving available to police officers, as well as making its application more consistent
• the Crown Prosecution Service (CPS) will continue to ensure its existing guidance is applied consistently and in accordance with the Code for Crown Prosecutors in cases of driving by the police.

The reforms already delivered to turn the IPCC into the IOPC, and the further reforms in the pipeline, should mean that most IOPC investigations of these issues are brought to an earlier conclusion; noting, however, that in the absence of legislation to address the apparent conflict between road traffic legislation exemptions and the test for dangerous driving, they consider that the law requires them to take action (whether to investigate themselves or to get the police to do so) and, where the relevant test is met, pass the matter to the CPS for prosecution or to the force for a misconduct hearing. Issues set out in this document for consultation and potential future action include: 

• considering whether any legislative change should apply only to police pursuits or to police response driving as well (our preferred option)
• whether to revise the various exemptions from certain areas of road traffic legislation to make them clearer and more consistent
• amending the definitions in the offences of careless and dangerous driving to take account of the training and experience of police drivers
• making clear that a suspect being pursued is responsible for their own decision to drive dangerously and that blame should not be attached to the pursuing police officer. Subject to the outcome of this consultation and work elsewhere, the Government intends to bring forward comprehensive road safety legislation as soon as Parliamentary time allows.

This consultation is open until 12:00 on Monday 13 August 2018; details of how to respond are set out by using the following links.

Police Pursuits Document

Consultation Questions