New Use Of Force Threshold Fairer For Officers And Public

28 October 2025

Having one threshold for misconduct charges when officers use force in the line of duty will provide a fairer system that protects both police and the public, Gloucestershire Police Federation has said.

Chair Adam Williams was speaking as the Government announced that officer should only face future misconduct charges if their actions meet the threshold for criminal proceedings.

A report published this week says the legal test for use of force in misconduct cases should be raised to the criminal standard of beyond reasonable doubt.

Currently, officers will face misconduct proceedings if their actions meet the civil law test of ‘on the balance of probabilities’.

I welcome the report and look forward to it being implemented urgently to resolve the significant distress numerous colleagues have had to endure since its inception.

Adam said: “The Review recognises that the Supreme Court decisions in Maughan and W80 have had a serious and enduring negative impact on police morale, particularly among firearms officers.

“It is important that the service takes urgent action to restore confidence in our highly trained firearms officers, who do an incredibly difficult job.

“On the use of force, the current civil law test is unfair and inconsistent, especially when officers are judged differently across criminal, misconduct, and inquest processes.

“Officers currently face multiple overlapping proceedings, each with different legal standards, leading to inconsistent outcomes and prolonged uncertainty.

“The Review rightly calls this a ‘mishmash of jeopardies’ and highlights the mental and professional toll on officers, especially those in high-risk roles.

“It is absolutely right that we should have a more coherent and fair system that protects officers while maintaining public confidence.

“Raising the bar to the criminal threshold will do a much better job at balancing the needs of justice, officer welfare, and public interest.”

The recommendations were made in the Police Accountability Rapid Review, by Timothy Godwin and Sir Adrian Fulford. They were asked to look at the legal test for use of force in misconduct cases, and the Home Secretary has accepted the report’s recommendation to change the threshold. The Government is set to amend Police Regulations to reflect this.

The changes will mean that an officer will no longer face misconduct proceedings if their actions are not deemed to meet the threshold for criminal charges. However, any use of force will still need to be considered necessary, reasonable and proportionate.

The review also looked at the threshold for determining a short-form conclusion of unlawful killing in inquests, and recommended further consultation on this issue.