MPs urged to act to protect police drivers

2 July 2021

Police drivers could find themselves at further risk of prosecution under new legislation designed to offer them better protection unless MPs act now, according to the Federation’s pursuits and driver training lead.

Tim Rogers, deputy secretary at West Midlands Police Federation, has already implored Home Secretary Priti Patel to ensure that the Police, Crime, Sentencing and Courts Bill, which is due before Parliament again next week, is truly fit for purpose in terms of the protection it seeks to offer police drivers.

The bill aims to ensure that police officers’ driving is no longer judged by the standards of the careful and competent driver but Tim says the current wording of the new legislation, which sets out that drivers must follow their training at all times, could mean more officers are prosecuted since, if they act instinctively rather than to the letter of their training, they could be found to have breached policy and procedures which could be deemed to be falling below the standard of the careful and competent police driver.

“For far too long, police drivers have faced criminal and conduct investigations for doing the job they are trained and employed to do; the job the public would expect them to do,” says Tim, “The Federation has been campaigning for a change in the law for more than eight years now and we really appreciate the support that has got us to this point.

“The Government, the Home Office, the Ministry of Justice, the National Police Chiefs’ Council and the Independent Office for Police Conduct have all listened to what we have been saying and have helped us get to this point so we are really grateful to all parties.

“But there is a real risk that this new legislation could inadvertently further criminalise officers so we need MPs to get behind police officers and ensure that the bill is amended.

“It is going to be a bitter disappointment to officers the length and the breadth of the country if this legislation, so long in the making, does not give them the protection they deserve. Too many officers have already been dragged through the courts, putting them and their families under untold pressure, when they have simply been doing their jobs, and often putting their own lives on the line while doing so.”

The issue was raised with the Home Secretary at the Police Federation’s annual national conference last month when she was told the legislation in its current format would put police drivers at a greater risk of prosecution.

The Ministry of Justice and Home Office have been asked for an assurance that the current risks in the wording of the legislation are resolved.

Tim explains: “Officers when acting instinctively to protect the public may well drive in a way that has not been trained, the new legislation leaves these officers vulnerable to prosecution for a breach of policy, we need an assurance that this flaw will be remedied.”

The Home Secretary has said she will “absolutely” work together with the Federation to ensure changes to legislation designed to offer protection to police drivers do not inadvertently further criminalise them. She gave a commitment that as the bill made its way through Parliament the Home Office would work through how it could make it work in the right way.

Tim is now hoping that is the case and that MPs will support changes to the wording of the bill, which have been tabled with the Home Office. An amendment to the bill has been tabled by Philip Davies, Conservative MP for Shipley, and is due to be debated in the House of Commons on Monday.

“We have submitted a compelling argument for this amendment and both the National Police Chiefs’ Council and the Independent Office for Police Conduct have shared their concerns with the Home Office. This is where MPs will have a chance to support us. If this doesn’t happen then we will have to rely on the support from the House of Lords during the next phase of the bill’s progress through Parliament. The Home Secretary has said she never intended this supportive change to put officers at more risk.

“If we fail to secure this amendment officers will be advised to never go beyond what they have been trained since the new test under the bill as it stands will encourage officers to stand by impotently or risk exposing themselves to prosecution.”

The bill will introduce a new legal test so officers’ driving will be measured against that of a ‘careful and competent police driver’, however, this could still leave them exposed.

“An officer will be licensed to drive in accordance with what they have been trained to do but nothing more. Performing a manoeuvre which is not trained or in policy is likely to fall into the new definition of dangerous and careless driving under a new test against the careful and competent police driver,” Tim explained.

“Going beyond the terms of that licence could give rise to criminal liability. I have grave concerns around the practicality of this approach. What’s a police officer to do if they encounter something which falls outside of this policy? The bill in its current format won’t permit a police officer to respond legally when confronted by the many and varied situations officers are likely to encounter while driving police vehicles.”

The Federation wants the Home Office to add a reasonableness defence clause 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, the threat that is posed and any departure from the relevant standard should be reasonable and proportionate.

Tim explains: “Adding this defence will ensure we have legislation that is fit for purpose. This feels very much like we are almost over the finishing line in terms of getting the change to the law that is needed so that police drivers can use their skills and training when driving police vehicles, fighting crime, dealing with criminals, serving and protecting the public.

“Now we just need to ensure that in tackling the obvious issues caused by judging police officers’ driving by the standards of your careful and competent driver, we don’t create a greater risk to police drivers who, quite naturally, should be able to react instinctively to what they are faced with.

“We need MPs to support Phil Davies’ proposed amendment to this bill.”

Mr Davies is also tabling an addition to Section 163 powers too which 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.