Metropolitan Police Commissioner, Sir Mark Rowley, said the change will see officers ‘judged on what they honestly believed at the time’
The Home Office has announced a significant change to existing policing rules amid concerns the current system is ‘not fit for purpose’. The change specifically relates to the legal test used to evaluate the use of force in high-pressure situations, which will soon help ensure officers are not penalised for ‘making genuine mistakes’.
Currently, police officers’ use of lethal or other force in misconduct cases is typically judged by a ‘civil law test’, which generally doesn’t grant much mitigation for accidents. This will now shift to what is called a ‘criminal law test,’ meaning that when officers act swiftly in dangerous situations, they must demonstrate they honestly believe that their use of force is justified.
The move, announced on Friday (October 24), was recommended by an independent review conducted by Sir Adrian Fulford PC and Tim Godwin OBE QPM and published by the Home Office. Reviewers claimed that police officers lack the confidence to deploy their force effectively due to previous legal cases ‘complicating their decision-making’.
In light of the review, Metropolitan Police Commissioner, Sir Mark Rowley, said: “It is right that police officers are held to account for their actions, but the system that scrutinises them must be fair, consistent, transparent and timely.
“Too often they face months and even years of uncertainty, having to go through two or sometimes three separate legal processes and hearings, being judged against a different standard each time, in order to justify a split-second decision taken often in the most challenging circumstances.
“The case for reform isn’t just about fairness, it’s about public safety. The chilling effect of an accountability system not fit for purpose is officers not prepared to do the most challenging roles or fearing the consequences of their actions more than the criminals they are confronting. Communities are less safe as a result.
“I welcome this review’s recommendations. The force officers use will still need to be necessary, proportionate and reasonable in all the circumstances, but they can have greater confidence that they will be held to a consistent standard, judged on what they honestly believed at the time and not what others conclude with the benefit of frame-by-frame hindsight long after an incident.”
Although the criminal law test was previously used in misconduct cases, a 2023 Supreme Court ruling mandated the use of the civil test instead. However, the fresh review argued that this change has caused confusion and inconsistency, negatively impacting ‘police morale’, especially ‘among firearms officers’.
The new legal change for using force in misconduct cases will now cover all instances where a police officer employs force, whether in self-defence or defending others. The Government will introduce legislation to modify the use of force test after consulting with the Police Advisory Board for England and Wales, as mandated by law, as soon as the parliamentary schedule permits.
The review also recommends that the Government hold a public consultation on the standard of proof applied in unlawful killing inquests. Minister for Policing and Crime, Sarah Jones, added: “Our brave police officers are required to make split-second decisions when faced with danger in order to protect the public.
“It is vital that they have the confidence to act decisively in these moments. These changes will empower officers to keep our communities safe while ensuring those who fall short of expected standards are still held to account. This is a crucial step in rebuilding public confidence in our police.”
For more information, you can head to GOV.UK here.