Suffolk Police Federation has welcomed the Government’s announcement that police officers who use force in the course of their duties will, in future, only face misconduct proceedings if their actions meet the criminal standard of proof.

The decision 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. 

Currently, officers can be subject to disciplinary action if their conduct meets the civil standard of ‘on the balance of probabilities’. However, under the new proposals, the threshold will be raised to the criminal standard of ‘beyond reasonable doubt’, aligning misconduct proceedings more closely with the evidential requirements for criminal prosecutions.

Darren Harris, Suffolk Police Federation chair.

Suffolk Police Federation chair Darren Harris said: “This is a sensible and long overdue decision.

“Officers who use force lawfully and in good faith, often in highly pressured and dangerous circumstances, should not be subjected to unnecessary and drawn-out misconduct processes when there is no realistic prospect of wrongdoing being proven.

“By raising the threshold to the criminal standard, the Government has taken an important step towards ensuring fairness and proportionality. Officers can now be confident that they will not face disciplinary action where there is insufficient evidence to support criminal liability.”

Darren emphasised that the change does not remove accountability. All use of force will continue to be assessed against the principles of necessity, reasonableness, and proportionality.

Highest standards

Officers will remain subject to the highest standards of professional conduct, and any actions falling below those standards will still be addressed appropriately.

The review also considered the threshold for short-form conclusions of unlawful killing in inquests and recommended further consultation on this issue. The Government has accepted this recommendation and will carry out a public consultation before implementing any changes.

“This development is a positive step for policing across England and Wales,” Darren added.

“It restores confidence in the disciplinary system while maintaining rigorous accountability. Officers will be better supported to act decisively in challenging circumstances, safe in the knowledge that fairness is being applied.”

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.