The Home Office is seeking to change the law to ensure that
highly trained police drivers, chasing suspected criminals
on the roads, and driving to the very high standard
required by their training, are better protected from the
risk of lengthy investigation and potential prosecution.
Home Secretary plans to introduce a new
legal test aimed at giving police drivers greater
confidence to pursue suspects, including those on mopeds.
Current laws do not recognise the training that police
response drivers undertake and the tactics they may have to
employ to respond to emergencies and pursue criminals.
Police drivers are currently held to the same standards as
members of the public and have to rely on the discretion of
the Independent Office for Police Conduct (IOPC) and the
Crown Prosecution Service (CPS) to avoid misconduct
investigations and criminal prosecution.
Any changes will make it clear that officers should not be
held accountable for the driving of a suspected criminal
attempting to avoid arrest, providing the pursuit is
justified and proportionate.
The move follows a public consultation which saw the
overwhelming majority of respondents back the proposals.
Home Secretary said:
It’s vital police officers feel confident and protected
when pursuing suspects on the roads or responding to an
emergency.
It’s also crucial that we send a clear message that
criminals – whether in cars or on mopeds - cannot escape
arrest simply by driving recklessly.
These proposed changes will strike the right balance –
giving trained officers the confidence they need to fight
crime effectively and ensure our roads are safe.
In summary, the changes will seek to:
- introduce a new legal test so that an officer’s driving
is compared to that of a competent and careful police
driver with the same level of training performing the same
role, rather than a member of the public
- apply to all police officers trained to response driver
level as well as advance driver level, therefore covering
those pursuing criminals and also emergency police
responders
In addition the government will look to review the various
emergency service exemptions to traffic law to ensure they
remain fit for purpose.
National Chair of the Police Federation of England and
Wales, John Apter, said:
We are pleased and reassured by this announcement, which
means police officers will be able to spend more time
serving their communities rather than facing lengthy
court proceedings simply for doing their job.
Police officers are relied upon to respond to emergency
and life-threatening situations.
Members of the public would expect police officers to use
their skills and training to respond to calls for
assistance and a much needed change in the law will
enable officers to do that without fear of prosecution.
