New legal test supports police actions

In a significant development aimed at bolstering police work, the UK government has announced rule changes that will provide clarity and confidence to officers making crucial split-second decisions in dangerous circumstances. The legal test for assessing the use of force in police misconduct cases will revert to the criminal law standard, enhancing the ability of officers to act when required while also recognising the intense pressure they face.

This decision follows an independent review led by Sir Adrian Fulford PC and Tim Godwin OBE QPM, published by the Home Office. The reviewers discovered that many police officers lacked confidence in using their powers due to the complexities introduced by previous legal precedents. Under the current civil law test, the margin for genuine mistakes is considerably narrower compared to the older criminal law test, which was previously used for these assessments.

A Supreme Court ruling in 2023 mandated the application of the civil test, which has since led to confusion among law enforcement, particularly impacting the morale of firearms officers. The government acknowledges that the "past legal cases complicating their decision-making" have hindered officers in the field.

Sarah Jones MP, the minister responsible for crime and policing, emphasised the importance of this change by stating that "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." In her view, these changes will not only empower officers but also help in "rebuilding public confidence in our police."

Complementing these initiatives, Metropolitan Police Commissioner Sir Mark Rowley remarked that the scrutiny of police actions must be "fair, consistent, transparent and timely." He highlighted that the current process often subjects officers to prolonged uncertainty, which could inhibit their readiness to tackle challenging situations. Furthermore, the review indicated that an ineffective accountability system could potentially endanger public safety, as it may deter officers from performing demanding roles.

The new legal test for the use of force will encompass all scenarios where police officers employ force, such as self-defence. The government is expected to legislate these changes after consulting with the Police Advisory Board for England and Wales, as per legal requirements.

In addition to the changes in the use of force test, the review also calls for public consultation regarding the standard of proof in unlawful killing inquests. These announcements represent further steps in enhancing police accountability, following previous reforms in the Crime and Policing Bill aimed at providing firearms officers anonymity up until conviction, expediting charging decisions post-use of force, and reinforcing victims' rights to contest those decisions.

As police chiefs acquire enhanced powers to dismiss unfit officers, a long-term review into the expediency of the accountability system is on the horizon, suggesting a comprehensive approach to improving policing standards in the UK.