Federation: Review into legal protections for firearms officers and police drivers is overdue

25 October 2023

The Home Office has begun a review into whether there needs to be changes to the law to provide “sufficient protections” for police officers using force or undertaking pursuits.

The review will “assess the existing legal frameworks and guidance on practice that underpin police use of force and police driving, and the subsequent framework for investigation of any incidents that may occur.”

The review will:

- consider longstanding demands from frontline police officers and chiefs for investigators to apply the “subjective” criminal law test for self-defence in police misconduct rather than the “objective” civil test.

- consider whether there should be a higher threshold for triggering an investigation by police watchdogs.

- consider whether investigations – which can last years – can be accelerated “including whether more effective working between the IOPC and CPS can reduce timescales of criminal investigations.”

Neil Mennie, Chair of Kent Police Federation, said: “This review is certainly overdue and shouldn’t have required the ‘prompt’ relating to recent events and a firearms officer being charged with murder in the Metropolitan Police.

“It’s an opportunity to present a no holds barred look at the impact for colleagues involved in decision making during demanding and difficult circumstances. These processes often lead to months and years of worry for the individuals involved and a sense of guilty until proven innocent.

“It’s right that scrutiny takes place - but it needs to be assessed at a sensible and reasonable level in a timely fashion. This is something that we have said time and again and I offer a cautious welcome to the review.

“However it needs to result in some solid outcomes that offer better protections for officers. There is already a ‘creeping reluctance’ when the consequences of areas such as use of force can result in unnecessary and lengthy formal processes. This is a dangerous situation and should not be in the minds of officers when undertaking their duties and honestly applying solutions and resolutions.

“It remains the case that wrongdoers have no place in policing but they are the minority and everybody else in policing suffers the consequences. The trials by media and social media appear to be travelling into the minds of decision makers and those agencies for whom these factors add to the power of hindsight. It’s about time that some parties had the minerals to speak out and make faster less risk averse decisions that actually support the actions of officers.”

The Home Office said: “Police officers across England and Wales do an incredibly difficult job, in some instances having to make life or death decisions in a split second to keep us safe.

“It is vital the public and officers have clarity and confidence in the accountability system relating to police use of force and police driving, including the efficacy of investigations.”