Change to use of force threshold welcomed by Fed branch

26 November 2025

The legal test in conduct cases for the use of force is to be changed from the civil law test to the criminal law test following a Government review.

Currently, officers can be subject to disciplinary action if their conduct meets the civil standard of ‘on the balance of probabilities’.

Under the new proposals, the threshold will be raised to the criminal standard of ‘beyond reasonable doubt’.

It follows recommendations made in the Police Accountability Rapid Review, led by Timothy Godwin and Sir Adrian Fulford, which examined the legal test for use of force in misconduct cases.

Paul Coxall, Hertfordshire Police Federation conduct and performance lead, said the changes were welcome and overdue.

Split-second decisions

He said: “Our members are often asked to make split-second decisions in high-pressure situations in order to protect the public.

“The current system, which applies a civil law test to the use of force, has created an element of confusion and fear, and hesitation can cost lives.

“Raising the threshold will give officers the clarity and confidence to act decisively when faced with those fast-changing situations.”

The uncertainty and recent high-profile cases had led some firearms officers to consider their future, Paul said.

He said: “Officers worry that, even when they act in good faith to protect the public, their actions could later be judged unreasonable, putting their careers and even their liberty at risk.”

Conduct

Paul said the changes would not remove accountability, and that officers would remain subject to the highest standards of professional conduct.

But he highlighted the human impact of protracted misconduct investigations on officers, and said the reforms would strike a balance

He said: “Officers can spend months or years under investigation, unsure whether they’ll keep their job or even their freedom. It affects every part of their lives.

“Raising the threshold is a welcome step toward fairness and balance.”

The Government has confirmed that amendments to the Police (Conduct) Regulations 2020 will be made in line with the review’s recommendations, with formal consultation through the Police Advisory Board for England and Wales to follow before implementation.