Police Commissioner Sir Mark Rowley has urged reform in the way police officers are held accountable for their actions, especially when using force or engaging in pursuits during their duties. Sir Mark expressed concerns about the existing system, which he believes is “long overdue for reform” due to several imbalances.
He welcomed Home Secretary Suella Braverman’s announcement of a review into the scrutiny of officers’ actions, highlighting the need for change in the Metropolitan Police (Met). In an open letter, Sir Mark emphasised that while progress is being made to reform the Met, the current system is not conducive to helping officers succeed in their roles.
Sir Mark’s key recommendations for reform include addressing the policies and practices of the Independent Office for Police Conduct (IOPC) and the Crown Prosecution Service (CPS), focusing on:
1. **Subjective Criminal Law Test**: Suggesting amendments to ensure the application of the subjective criminal law test for self-defence in police misconduct cases, rather than the objective civil test. This simplification aims to reduce delays and provide better protection for the public.
2. **Criminal Standard of Proof in Inquests**: Proposing the introduction of the criminal standard of proof for unlawful killings in inquests and inquiries to align findings with criminal and coronial cases consistently.
3. **Threshold for IOPC Investigations**: Recommending changes to the threshold at which the IOPC can launch criminal or misconduct investigations. Sir Mark believes that investigations are sometimes initiated prematurely, causing damage to public confidence. He suggests adopting a “reasonable suspicion” threshold as seen in other areas of criminal law.
In addition to these legal reforms, the Met also calls for policy and practice changes in organisations handling police complaints and use of force cases. These include:
1. **Strengthening Legal Protection for Officers**: Investigating how CPS policy can enhance the legal protection for officers who use force to ensure clarity in the decision-making process and timely understanding of the rationale for charges.
2. **Introduction of Time Limits**: Proposing time limits for the IOPC and CPS to expedite investigatory and legal processes, reducing their punitive impact on officers and ensuring rapid resolutions where wrongdoing is found.
3. **Balanced Communication and Information Release**: Recommending improvements in the release of information following incidents to manage community tensions effectively. Introducing a presumption of providing more contextual information about incidents in the initial narrative.
Sir Mark underscores the importance of properly investigating cases where lives are lost while acknowledging the need for an improved system that enhances public confidence without unduly burdening officers. He particularly highlights the concerns of firearms officers who often face complex and dangerous situations.
The Met Commissioner points out that while the police respond to around 4,000 armed incidents annually, officers discharge firearms in only a fraction of these cases. He emphasises the need for sufficient legal protection for officers to perform their duties effectively and with confidence.
The proposed changes have garnered support from the Chief Executive of the College of Policing and the Chair of the National Police Chief’s Council, suggesting that these reforms may bring improvements for officers across the UK.
