Lords ask to support amendment to bill to protect police drivers

10 September 2021

West Midlands Police Federation deputy secretary Tim Rogers will be meeting members of the House of Lords next week in the latest stage of the campaign to secure changes to legislation to offer better legal protection to police drivers.

Tim, the national Federation lead on pursuits and driver training, is among a delegation of national Federation officials meeting the lords at a lobbying event at New Scotland Yard on Tuesday (14 September).

“We are seeking the support of the Lords to have the bill remitted back to the House of Commons to discuss and vote on our remedy to the frailties of the bill as it stands. We need to ensure that it achieves what the Government intended. It is not lost on us that Government has listened to us and acted,” says Tim.

“But, without the amendment, police drivers could actually be put at further jeopardy by a change to the law aimed at offering them better legal protection. This is somewhat perverse.

“We are really grateful for the support we have had to date but, after an eight-year campaign for better protection for police officers, we need to make sure the new legislation is truly fit for purpose so the wording of the bill has to be amended or we risk further criminalising officers as they go about serving and protecting their communities.”

The bill introduces a new standard to which police drivers must conform, linked to an individual driver’s training and their force policy. It follows that an officer will be licensed to drive according to what they are trained to do, but no more. Performing a manoeuvre that is not trained or is not policy is likely to fall within the new definition of careless or dangerous driving. Going beyond the terms of the licence could give rise to criminal liability.

The Federation wants a reasonableness defence clause to be added to the bill to give officers flexibility to respond legally to the matters they encounter on duty. This would take into account what they reasonably believe they are responding to and the threat that is posed. Any departure from the relevant standard should be reasonable and proportionate.

An amendment to Section 163 powers is also being put forward. This would enable officers to compel drivers to switch off their engines, a measure which could help stem the growing number of officers injured when drivers make off after a police stop.

During next week’s meeting, the Federation will, in addition, be calling for a change in the law to rein in lengthy and damaging police conduct investigations and proposing a further amendment to the Police, Crime, Courts and Sentencing Bill to protect the mental health and welfare of police officers under investigation.

As part of the Time Limits campaign, the Federation has been pressing for police disciplinary investigations to conclude in an appropriate timeframe, ideally within 12 months of an allegation being made.

So far, it has persuaded the Home Office to add a clause to the regulations which means the Independent Office for Police Conduct, or appropriate authority, has to give an explanation to police and crime commissioners (PCCs) as to why the investigation has hit the year mark.

But, there are no sanctions and in the last 18 months there have been more than 40 outstanding investigations reported as having gone on for more than a year.

National Federation conduct and performance lead Phill Matthews, speaking at the Emergency Services Show in Birmingham this week, explained: “The PCC has absolutely no power to do anything other than welcoming the explanation.

“That can’t be right. It’s not right for our members who are still suffering the mental trauma of waiting to find out their fate, and unfair for those victims who deserve closure.”

After working with lawyers, the Federation is suggesting an amendment which would see a legally qualified person – who usually sits as a chair at disciplinary hearings – look at the investigation from the 12-month point to determine if the length of time is rational and set a reasonable deadline for the investigation to be concluded.

Phill continued: “Things have improved over the years, but we still have a long way to go. There are cases going on for years and years which have a detrimental effect on our members’ wellbeing and mental health, plus the cost to the public is phenomenal.
“One investigation dragged out for a year or more is one too many from our point of view.”