The Home Office has introduced a significant adjustment to current policing regulations due to concerns that the existing system is inadequate. This modification focuses on the legal assessment used to determine the use of force in high-stress scenarios, aiming to prevent officers from being punished for genuine errors.
Presently, police officers’ application of lethal or other force in misconduct cases is typically evaluated using a ‘civil law test,’ which offers little leniency for mistakes. This standard will now transition to a ‘criminal law test,’ requiring officers to show that they genuinely believed their use of force was justified when acting swiftly in dangerous situations.
The change, unveiled on Friday, resulted from an independent review conducted by Sir Adrian Fulford PC and Tim Godwin OBE QPM and published by the Home Office. The reviewers noted that past legal cases have hindered police officers’ ability to use force effectively, complicating their decision-making process.
Following the review, Metropolitan Police Commissioner Sir Mark Rowley stated that while accountability for officers’ actions is essential, the scrutiny system must be fair, transparent, and consistent. He emphasized the need for reform to ensure public safety, highlighting the negative impact of an inadequate accountability system on officers’ willingness to take on challenging roles.
Although the civil law test was enforced in misconduct cases following a 2023 Supreme Court ruling, a recent review argued that this change led to confusion and inconsistency, particularly affecting police morale, especially among firearms officers.
The updated legal framework for using force in misconduct cases will now encompass all situations where a police officer employs force, whether for self-defense or to protect others. The Government plans to introduce legislation amending the use of force assessment after consulting with the Police Advisory Board for England and Wales, as required by law.
Additionally, the review recommends that the Government conduct a public consultation on the standard of proof in unlawful killing inquests. Minister for Policing and Crime Sarah Jones stressed the importance of empowering officers to act decisively in dangerous situations while ensuring accountability for those who do not meet expected standards, ultimately aiming to rebuild public trust in the police force.