Home Office to make major change to police rules in UK

The Home Office has unveiled a major overhaul to existing policing regulations amidst worries that the current framework is 'not fit for purpose'. The alteration specifically relates to the legal standard employed to assess the use of force during high-stakes incidents, which will shortly help ensure that officers aren't sanctioned for 'making genuine mistakes'.

At present, police officers' deployment of deadly or other force in misconduct proceedings is usually assessed by a 'civil law test', which typically offers 'less' allowance for accidents. This will now transition to what is termed a 'criminal law test,' signifying that when officers respond rapidly in difficult circumstances, they must show they genuinely believed that their deployment of force was warranted.

The development, revealed on Friday (October 24), was proposed by an independent examination carried out by Sir Adrian Fulford PC and Tim Godwin OBE QPM and released by the Home Office. Reviewers argued that police officers lack the assurance to utilise their force efficiently due to past legal proceedings 'complicating their decision-making'.

In light of the review, Metropolitan Police Commissioner, Sir Mark Rowley, said: "It is right that police officers are held to account for their actions, but the system that scrutinises them must be fair, consistent, transparent and timely.

"Too often they face months and even years of uncertainty, having to go through two or sometimes three separate legal processes and hearings, being judged against a different standard each time, in order to justify a split-second decision taken often in the most challenging circumstances.

"The case for reform isn't just about fairness, it's about public safety. The chilling effect of an accountability system not fit for purpose is officers not prepared to do the most challenging roles or fearing the consequences of their actions more than the criminals they are confronting. Communities are less safe as a result.

"I welcome this review's recommendations. The force officers use will still need to be necessary, proportionate and reasonable in all the circumstances, but they can have greater confidence that they will be held to a consistent standard, judged on what they honestly believed at the time and not what others conclude with the benefit of frame-by-frame hindsight long after an incident."

Though the criminal law test had previously been applied in misconduct proceedings, a 2023 Supreme Court judgment required the civil test to be used instead. However, the latest review contended that this alteration has created bewilderment and inconsistency, damaging 'police morale', particularly 'among firearms officers'.

The revised legal benchmark for force deployment in misconduct proceedings will now encompass all situations where a police officer uses force, whether protecting themselves or safeguarding others. As soon as parliamentary scheduling allows, the Government will introduce legislation to amend the use of force test, following consultation with the Police Advisory Board for England and Wales.

In addition, the review suggests that a public consultation on the standard of proof applied in unlawful killing inquests should be held by the Government.

Minister for Policing and Crime, Sarah Jones, added: "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. These changes will empower officers to keep our communities safe while ensuring those who fall short of expected standards are still held to account. This is a crucial step in rebuilding public confidence in our police."

For more information, you can head to GOV.UK here.