Government urged to bring in new use of force rules as quickly as possible

24 November 2025

North Yorkshire Federation has welcomed a change in the legal test for use of force in police misconduct cases.

Branch chair Rob Bowles said the return to the criminal law test announced by the Government will bring frontline ‘much-needed clarity and confidence’.

Rob said: “This is a hugely welcome and long-overdue change.

“Our members face situations every day where they must make split-second decisions to protect the public.

“They need the confidence that, if they act honestly and in good faith, they will not be unfairly punished for genuine mistakes made under pressure.

“The change will bring our members much-needed clarity and confidence.”

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.

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.

Misconduct

The current legal test used to assess a police officer’s use of lethal or other force in a misconduct case is known as the civil law test, which has less mitigation for genuine mistakes.  

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.

Rob said: “We urge the Government to implement this change as soon as possible so that officers have the confidence to do what they do best, supporting our communities and keeping people safe.”