URGENT UPDATE: The West Mercia Police Federation has welcomed a groundbreaking government decision to restore the criminal law test for assessing police use of force in misconduct cases. This change, announced earlier today, is seen as a vital move to rebuild confidence and morale among frontline officers.
Branch secretary Lesley Williams emphasized that this adjustment will allow officers to act decisively in high-pressure situations without the fear of unfair repercussions for their actions. “This change in the law reflects the high-pressure situations our members regularly face in protecting the public,” said Williams. “It will give them much-needed clarity when making split-second decisions based on their training.”
The new legal framework mandates that officers must have an honest belief that their use of force is necessary when confronted with danger. This crucial shift aims to eliminate the confusion caused by previous legal standards, which many believed penalized genuine mistakes. “Officers will continue to be held to account for their actions, and the force used must still be necessary,” Williams added. “However, this change ensures the system is fair and consistent.”
The announcement follows an independent review led by Sir Adrian Fulford and Tim Godwin OBE QPM, published by the Home Office. The review highlighted that the previous application of the civil law test, which was mandated by a Supreme Court ruling in 2023, created inconsistency and negatively impacted police morale, particularly among officers in firearms units.
The federation stated, “The current legal test has less mitigation for genuine mistakes, leading to a lack of confidence among officers when exercising their powers.” The move to restore the criminal law test is expected to enhance the decision-making process for officers, particularly in critical situations requiring immediate action.
The Home Office indicated that legislation will be introduced to formalize this change following consultations with the Police Advisory Board for England and Wales. Officials are working to expedite this process within the upcoming Parliamentary timetable.
In addition, the review recommends a public consultation on the standard of proof in unlawful killing inquests, aiming to ensure transparency and fairness in the legal system surrounding police conduct.
As the landscape of policing evolves, the West Mercia Police Federation’s proactive response underscores the urgency of this development. This change is not only expected to bolster officer confidence but also restore public trust in law enforcement.
Stay tuned for more updates as this story develops. The implications of this decision could resonate throughout the UK policing community, affecting how officers operate on the ground and how they are held accountable for their actions.
