The Home Office has revealed a significant change to current policing regulations due to concerns that the existing system is inadequate. This change specifically addresses the legal evaluation of force usage in high-stress situations, aiming to prevent officers from being penalized for genuine errors.
Presently, police officers are typically assessed under a civil law test when using lethal or other force in misconduct cases, which offers limited leniency for mistakes. This assessment will now shift to a criminal law test, requiring officers to prove they genuinely believed their use of force was justified when acting swiftly in dangerous circumstances.
The adjustment, announced on October 24, follows recommendations from an independent review conducted by Sir Adrian Fulford PC and Tim Godwin OBE QPM, and published by the Home Office. The review highlighted that previous legal cases have complicated officers’ decision-making processes, leading to a lack of confidence in deploying force effectively.
In response to the review, Metropolitan Police Commissioner Sir Mark Rowley stated that while accountability for officers’ actions is essential, the scrutinizing system must be fair, consistent, transparent, and prompt. He emphasized the need for reform not only for fairness but also for public safety, highlighting the negative impact of an inadequate accountability system on officers’ preparedness and community safety.
Although the criminal law test was previously used in misconduct cases, a 2023 Supreme Court ruling mandated the use of the civil test instead, causing confusion and inconsistency according to the recent review. The new legal change will now encompass all instances where force is used by a police officer, whether in self-defence or defense of others.
The Government will introduce legislation to amend the use of force test after consulting with the Police Advisory Board for England and Wales, as required by law, once the parliamentary schedule permits. Additionally, the review suggests a public consultation on the standard of proof in unlawful killing inquests, with Minister for Policing and Crime Sarah Jones emphasizing the importance of empowering officers to act decisively while maintaining accountability for their actions.
To learn more, visit GOV.UK here.
