UK police given more protection to use force in dangerous situations
Police officers in the UK will be given more clarity and confidence when making split-second decisions to protect the public.
The legal test for the use of force in police misconduct cases will be returned to the criminal law test. This means that when officers need to act quickly in the face of danger, they must have an honest belief that use of force is necessary.
This will help ensure that police officers will not be penalised for making genuine mistakes, to reflect the incredibly high pressure they work under, the government said in an accompanying statement.
The move has been recommended by an independent review carried out by Sir Adrian Fulford PC and Tim Godwin OBE QPM and published by the Home Office. The reviewers found that police officers do not have the confidence to use their powers of force effectively, due to past legal cases complicating their decision-making.
The current legal test used to assess a police officer’s use of lethal or other force in a misconduct case is known as the civil law test, which has less mitigation for genuine mistakes.
While the criminal law test was used in the past for misconduct cases, a Supreme Court ruling in 2023 found the civil test should apply. The review found that this change has created confusion and inconsistency, resulting in a negative effect on police morale, particularly among firearms officers.
“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,” said Metropolitan Police Commissioner, Sir Mark Rowley.
“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.”
Rowley said that 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.”
