The Home Office has introduced a significant alteration to current policing regulations citing concerns that the current framework is inadequate. This change pertains to the legal standard used to assess the use of force in high-stress situations, aiming to prevent officers from being penalized for genuine errors.
Presently, police officers’ use of lethal or other force in misconduct cases is typically evaluated using a ‘civil law test’, which often provides limited leniency for mistakes. This will now transition to a ‘criminal law test’, requiring officers to prove they genuinely believed their use of force was justified when acting swiftly in hazardous circumstances.
This adjustment, announced on October 24, follows a recommendation from an independent review led by Sir Adrian Fulford PC and Tim Godwin OBE QPM and released by the Home Office. The review highlighted that previous legal precedents have complicated police officers’ decision-making processes, hindering their confidence in utilizing force effectively.
In response to the review, Metropolitan Police Commissioner Sir Mark Rowley expressed support for the reform, emphasizing the need for a fair, consistent, and transparent oversight system for holding officers accountable. He stressed the importance of ensuring that officers are judged based on their genuine beliefs at the time of action rather than retrospective assessments.
Although the civil law test was mandated in misconduct cases by a 2023 Supreme Court ruling, the recent review argued that reverting to this standard has created confusion and inconsistency, impacting police morale, especially among firearms officers.
The new legal framework for using force in misconduct cases will now encompass all instances where a police officer applies force, whether in self-defense or defense of others. The Government will introduce legislation to amend the use of force assessment after consulting with the Police Advisory Board for England and Wales, complying with legal requirements as soon as parliamentary scheduling allows.
Furthermore, the review proposes a public consultation on the standard of proof in unlawful killing inquests. Minister for Policing and Crime Sarah Jones highlighted the importance of empowering police officers to act decisively in dangerous situations while ensuring accountability for those failing to meet expected standards, aiming to rebuild public trust in the police.
For additional details, visit GOV.UK here.
