'Common Sense' Change To Use Of Force Rules

24 October 2025

‘Common sense is prevailing’ as the Government announced that police officers who use force in the course of their duty should only face future misconduct charges if their actions meet the threshold for criminal proceedings.

Sussex Police Federation Chair Raffaele Cioffi was speaking after a report published this week said 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’.

Raffaele said: “The announcement amending Police Regulations is a welcome return to common sense in the realm of policing and use of force. Police officers are tasked with policing by consent, yet when that consent is absent, they must sometimes use force to uphold the law.

“The standard of proof in misconduct cases is merely on the balance of probabilities; a low bar that has eroded trust from police officers and placed them at undue risk.

“We are relieved to see a more reasonable and robust standard applied – one that aligns with the criminal law test of being beyond reasonable doubt. This shift restores stability and confidence for officers who face some of the toughest situations in order to protect the public.

“Common sense is indeed prevailing, and that is a positive step for everyone involved.”

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.