Raise in the threshold for use of force welcomed by Fed branch
17 November 2025
Branch secretary Lesley Williams described the move as a crucial step in rebuilding the confidence and morale of frontline officers.
The change means that officers needing to act quickly in the face of danger, they must have an honest belief that use of force is necessary.
This will help ensure that police officers will not be penalised for making genuine mistakes.
Lesley said: “We welcome this change in the law, which reflects the high-pressure situations our members regularly face in protecting the public.
Clarity
“It will give them much-needed clarity when making split-second decisions based on their training without the fear of being treated unfairly afterwards.
“Returning to the criminal law test will go some way to restoring confidence and morale, particularly after recent high-profile cases that have left some officers, particularly in firearms, to consider their futures.”
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 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.
Lesley said: “Officers will continue to be held to account for their actions and the force officers use will still need to be necessary.
Self-defence
“However, this change will ensure the system is fair and consistent and that they will be judged on what they honestly believed.
“The changes can’t come quickly enough,” Lesley added.
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.
The review also recommends that the government carry out a public consultation on the standard of proof in unlawful killing inquests.
READ MORE: Home office abolishes the role of the PCC.
