A government announcement that the threshold for use of force in misconduct cases is to be raised has been welcomed by South Wales Police Federation.
Branch chair Phil Walker said the move to restore the criminal law test was ‘massively welcome and long overdue’.
Phil said: “Our members are required to make split-second decisions in the face of danger in order to protect the public.
“In some cases it may be a matter of life or death and they need to have the confidence and the clarity to be able to act decisively in those moments.
“These changes will empower officers to keep our communities safe, while ensuring that those who do fall short of expected standards are held to account.
Overdue
“They are massively welcome and long overdue, and I hope they go some way to improving morale.”
The move has been recommended by an independent review carried out by Sir Adrian Fulford PC and Tim Godwin OBE QPM and published by the Home Office.
The reviewers found that police officers do not have the confidence to use their powers of force effectively, due to past legal cases complicating their decision-making, the Home Office said.
The current legal test used to assess a police officer’s use of lethal or other force in a misconduct case is known as the civil law test, which has less mitigation for genuine mistakes.
While the criminal law test was used in the past for misconduct cases, a Supreme Court ruling in 2023 found the civil test should apply. The review found that this change has created confusion and inconsistency, resulting in a negative effect on police morale, particularly among firearms officers.
The change in legal test for use of force in misconduct cases will apply to all situations in which a police officer uses force, including in self-defence or in defence of others. The government will legislate to make this change to the use of force test following consultation with the Police Advisory Board for England and Wales as required by law and as soon as the Parliamentary timetable allows.
Phil said: “I would urge the Government to make these changes as soon as practicably possible.
“The uncertainty that has been created by the current system and recent high-profile cases has led some firearms officers to consider their future.
Liberty
“The worry is that, even when acting in good faith to protect the public, their actions could later be judged unreasonable, which puts their careers and even their liberty at risk.
“For our members, the changes can’t come soon enough,” he added.
The change in legal test for use of force in misconduct cases will apply to all situations in which a police officer uses force, including in self-defence or in defence of others.
The government will legislate to make this change following consultation with the Police Advisory Board for England and Wales as required by law and as soon as the Parliamentary timetable allows.
The review also recommends that the Government carries out a public consultation on the standard of proof in unlawful killing inquests.
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