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West Midlands Police Federation

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Accountability review: Fed secretary welcomes plans for legislative change

22 March 2024

The Home Secretary has announced plans for legislative change to improve the timeliness of investigations into police officers’ conduct and also raise the threshold at which the police watchdog refers cases to the Crown Prosecution Service (CPS).

James Cleverley’s plans have been welcomed by Tim Rogers, secretary of West Midlands Police Federation, who says they are long overdue.

“We are pleased to see that the Home Secretary has listened to what the Federation has been saying for some time now,” says Tim, “The current legal framework has led to a situation where we have firearms officers handing in their ticket because they have no faith in a system whereby they end up on the wrong side of the law simply for doing their job to the best of their ability and training, but without the benefit of hindsight or the ability to go through a video of an incident frame by frame after the event.

“Police officers fully understand the need for accountability but when they are putting themselves in harm’s way to serve and protect the public they have to make split-second, life or death decisions. They need to have confidence that the system in place for reviewing their actions strikes the right balance between that accountability and the support they need when they are using their powers effectively.

“Under these proposals the threshold for referral of officers’ cases to the CPS will be brought in line with the threshold used for the public – so that only those with a reasonable prospect of conviction will be referred which is a far fairer and proportionate response.”

In September last year, the then Home Secretary, Suella Braverman, announced a review of the way in which police use of force and police driving related incidents are investigated.

Announcing the outcome of the review yesterday, Mr Cleverly, who is now seeking three changes to the Criminal Justice Bill currently working its way through Parliament, said: “Our police officers act bravely in the line of duty, and they should not fear that their actions, when lawful and taken in line with their training and guidance, could damage their careers, wellbeing and family life.  

“It is vital for the public and our policing that officers are held to the highest of standards and a balance must be struck between making sure officers can do their jobs safely and confidently and holding them to account.  

“That is why the changes we are setting out today, and further measures in the coming months, will ensure both our officers and the public have faith in the accountability system.”

While the amendments to the bill will set out to improve the timeliness and fairness of investigations, they will also enhance the rights of victims to challenge decisions made by the Independent Office for Police Conduct while chief constables have been urged to ensure that forces provide post-incident support to officers.

The Home Secretary is also putting forward a range of non-legislative measures to address the complexity and length of the accountability process, to improve post-incident communications to both officers and the public, and to ensure better support is provided to both bereaved families and officers.

After the Police and Crime Commissioner elections in May, there will be a public consultation period on the proposed changes.

Tim concluded: “These proposals could make a huge difference in terms of reassuring police officers involved not just in firearms or driving incidents but also in all incidents of police use of force.

“My only concern now is that the Government, with the General Election looming, has sufficient time to get them over the line.”