Change in legal test for police use of force welcomed by chair

14 November 2025

A change in the legal test for the use of force in police misconduct cases ‘can’t come quickly enough’, says Dyfed Powys Federation chair Delme Rees.

Delme welcomed an announcement by the Government that it will restore the criminal law test for assessing officers’ use of force in misconduct cases.

This means that when officers need to act quickly in the face of danger, they must have an honest belief that use of force is necessary.

Currently, a police officer’s use of force in a misconduct case is assessed using a civil law test, which has less mitigation for genuine mistakes.  

Pressure

Delme said: “This change in the law is absolutely welcome and can’t come quickly enough.

“The change will reflect the incredibly high pressure members work under and the split-second decisions they face in protecting the public.

“Accountability in policing is vital and officers will still be subject to the highest standards of professional conduct.

“But our members need to know that they will be treated fairly if they make a genuine mistake.”

The move has been recommended by an independent review carried out by Sir Adrian Fulford PC and Tim Godwin OBE QPM and published by the Home Office.

Criminal law

The reviewers found that police officers do not have the confidence to use their powers of force effectively, due to past legal cases complicating their decision-making, the Home Office said.

While the criminal law test was used in the past for misconduct cases, a Supreme Court ruling in 2023 found the civil test should apply. The review found that this change has created confusion and inconsistency, resulting in a negative effect on police morale, particularly among firearms officers.

The change in legal test for use of force in misconduct cases will apply to all situations in which a police officer uses force, including in self-defence or in defence of others. The government will legislate to make this change to the use of force test following consultation with the Police Advisory Board for England and Wales as required by law and as soon as the Parliamentary timetable allows.

Delme said: “When it comes in, it will give our members the confidence to act on their training and do what they do best in keeping people safe.”

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