25 May 2022
All police drivers must be ‘in ticket’ with their training if they are to benefit from the new protections they will receive under the Police, Crime, Sentencing and Courts Act, conference was told.
Tim Rogers, secretary of West Midlands Police Federation and the national Federation lead on pursuits driving and driver training, has led a long campaign to bring about the change in law introduced through the new legislation.
Under the act, police officers’ driving will no longer be assessed by the standards of the careful and competent member of the public but by those of their skilled and training colleagues.
He said: “We’ve had this catalogue of shame where officers were on the wrong side of the law, embroiled in lengthy criminal and misconduct investigations which have caused untold stress.
“We are in a better position because we campaigned for eight years. It’s a major achievement.”
Tim stressed that it was critically important for officers to demonstrate they were up to date with their training to ensure they benefited from the new protection and was supported by DCC Terry Woods, the National Police Chiefs’ Council driving lead, and driver training expert Roger Gardner.
Tim Rogers with Simon Hill at the break-out session.
DCC Woods explained: “If they can’t, and if some people in your forces have slipped out of date, or forces are behind, I would argue this needs to be put on the top of the list, because it’s an area of high frequency and high risk. It is really important.”
Mr Gardner added: “When this legislation comes through, if your members aren’t in date – effectively you are driving against the law. You really need to get on to them and tell them they have got to be trained, and they have got to be in date – if they are not, they’ll be committing a criminal offence.”
Individuals needed to take responsibility to ensure they are ‘in ticket’ but the responsibility did not end with them, managers, chief officers and forces also had to share this, delegates were told.
Tim also highlighted the way in which officers’ driving would be assessed.
“Without appropriate governance, we would have found our campaign for officer driving to be assessed against that of their similarly trained colleagues and it could have led to officers being at more risk of prosecution than less.
“A breach of driving policy could be considered a breach of law, which is why we needed those assessing the drivers through this new legal process to have the professionalism, knowledge and expertise required, so officers have the confidence to use their skills and training in the way intended without fear of prosecution.”
A panel of subject matter experts will now consider cases where police officers’ driving comes into question with DCC Woods and Tim being part of the process.
They will ensure that proper disclosure of all the evidence takes place, putting an end to previous failings whereby only selective information and evidence has been put forward. The panel’s reports will be available to both prosecution and defence.
This process will be part of the new legislation when it comes into effect.
West Midlands Police Federation has already hosted training days at its offices for a range of stakeholders including the Home Office, Crown Prosecution Service, the Independent Office for Police Conduct, National Police Chiefs’ Council (NPCC), and specialist lawyers.
The break-out session also stressed the importance of standardised training in police driving units across England and Wales.
Driving schools, which could become licensed in the same way as firearms units, are now expected to fill out self-assessment forms covering all aspects of their work and spot-checks will be carried out. The College of Policing will also issue new Authorised Professional Practice (APP).
Delegates were urged to ask questions of their driving schools and find out if they had completed their self-assessment forms. They were also encouraged to check their chief officers were prepared for the new law.
During the session, Simon Hill from the Metropolitan Police Federation, introduced footage of a police pursuit of a scooter which led to an officer being charged with causing death by dangerous driving, illustrating the jeopardy officers found themselves in under the previous legislation when they were doing the job the public expected of them.
The officer was cleared by a jury but only after what was described as six years of hell for him and his family.
The session ended with questions from delegates and Tim thanking all those who had helped secure the new legislation including Sir Henry Bellingham, the former Norfolk MP who was among the first politicians to get behind the Federation campaign.