Federation: Review into legal protections for firearms officers and police drivers is overdue

26 October 2023

The Home Office has begun a review into whether there need to be changes to the law to provide "sufficient protections" for police officers using force or undertaking pursuits.

The review will "assess the existing legal frameworks and guidance on practice that underpin police use of force and police driving, and the subsequent framework for investigation of any incidents that may occur."

The review will: - consider longstanding demands from frontline police officers and chiefs for investigators to apply the "subjective" criminal law test for self-defence in police misconduct rather than the "objective" civil test.

- consider whether there should be a higher threshold for triggering an investigation by police watchdogs.

- consider whether investigations - which can last years - can be accelerated "including whether more effective working between the IOPC and CPS can reduce timescales of criminal investigations."

Ian Muir, Chair of The Civil Nuclear Police Federation, said: "This is very long overdue... We certainly welcome the review regarding the use of force in respect of firearms and driving. The CNC have already been sent a pro forma to complete asking for stats for the last three years in respect of this.

"We feel officers need greater protection when making split second decisions with the best of intentions.The CNC provides a large part of the surge capacity to the UK in the event of a national emergency, and our colleagues need to feel supported."

He added: "The time taken for IOPC and internal investigations is a cause for concern. It is a time of high stress for the officers under investigation and this needs to be streamlined but off course without the officers losing their protection from Police Regulations. he increase in stress absences over the years is a grave cause for concern and needs ot be addressed.

"The balance of probabilities is not a good level in respect of misconduct when it could potentially be a job loser."

The Home Office said: "Police officers across England and Wales do an incredibly difficult job, in some instances having to make life or death decisions in a split second to keep us safe.

"It is vital the public and officers have clarity and confidence in the accountability system relating to police use of force and police driving, including the efficacy of investigations."