Jessica O'ConnorPolice officers will be given greater clarity and protection when making split-second decisions in dangerous situations under new government plans to change the legal framework for assessing use of force in misconduct cases.
The rule change, announced by the Home Office and endorsed by senior policing leaders, will return the legal test for use of force in police misconduct proceedings to the criminal law test, meaning officers will be judged on whether they had an honest belief that their actions were necessary at the time.
The move follows an independent review led by Sir Adrian Fulford PC and Tim Godwin OBE QPM, which found that the current civil law test had created uncertainty and confusion among officers, damaging morale and undermining confidence in the workplace.
Many officers, the report said, feared being unfairly penalised for genuine mistakes made under extreme pressure.
Minister for Crime and Policing, Sarah Jones, said: “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.”
The review found that the 2023 Supreme Court ruling, which required misconduct panels to use the civil law test, led to inconsistency in standards and prolonged disciplinary processes.
Metropolitan Police Commissioner Sir Mark Rowley welcomed the reform, calling it vital for both fairness and workplace morale.
He 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.”
Under the new system, the use of force by officers will still need to be necessary, proportionate, and reasonable in all circumstances, but assessments will focus on what the officer honestly believed at the time, not on hindsight.
The Government will legislate for the change after consulting the Police Advisory Board for England and Wales.
It will apply to all cases where an officer uses force, including in self-defence or the defence of others.
