Police drivers will be held to different standards to the public if they are involved in a car crash while chasing a suspected criminal under changes put forward by the home secretary, Sajid Javid.
Officers are currently held to the same standards as members of the public when involved in a crash during a pursuit and the Home Office argues this overlooks the training they receive.
The move follows concern that officers rely on the discretion of the Crown Prosecution Service (CPS) to avoid prosecution and face lengthy Independent Office for Police Conduct (IOPC) investigations and suspension, only to be ultimately cleared.
The Police Federation, which represents tens of thousands of rank-and-file officers in England and Wales, welcomed the plans but said they came “too late for many police officers”.
Announcing the new legal test for police officers, Javid said: “It’s vital police officers feel confident and protected when pursing 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.”
The issue was brought into focus in 2017 when four police officers were cleared of gross misconduct after 18-year-old Henry Hicks died in a moped crash as he tried to evade them.
The changes will introduce a new legal test so that an officer’s driving is compared with 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, and will apply to all police officers trained to response driver level as well as advanced driver level.
In addition, the government will review the various emergency service exemptions to traffic law to ensure they remain fit for purpose.
The chair of the Police Federation, John Apter, said: “It is good that Her Majesty’s government has agreed to this much-needed change in legislation to reflect police driver training.
“This is a positive step and something we have long been campaigning for. Sadly, it comes too late for many police officers who have been investigated and had their lives turned upside down, facing lengthy court proceedings for simply doing the job they have been trained to do.
“It is important that when police officers are required to use their training to protect society, they can do so with the confidence that the law is on their side.”
He added: “What now needs to happen is meaningful action. We need the government to be bold, prioritise this issue, find the parliamentary time to do so, and fulfil its promise to police officers and the public.”
