Government refuses to change law on police drivers

THE Government has come under fire for failing to offer appropriate protection to police drivers involved in pursuits.

In a letter to Holly Lynch MP, Police Minister Nick Hurd said “officers must be accountable to the public they service for the way they reach their decision (to pursue), including potentially the prosecution of police officers for careless or dangerous driving”.

Earlier this summer, the Police Federation of England and Wales wrote an open letter to forces warning drivers over the lack of protection the law gives them and emphasising that they should not carry out any manoeuvre that a non-police driver would not.

The Federation’s letter stated: “Officers are required by law to drive to the standard of the careful and competent driver. Not the careful and competent police driver, the careful and competent (non-police) driver. This is the standard police drivers will be held to.”

In his letter to Ms Lynch – which the Labour MP posted on Twitter – Mr Hurd was responding to concerns raised by officers over being hung out to dry.

He retorted that the “Government fully recognises the risks associated with pursuits and we are committed to providing the police with the necessary tools to perform their duties, including training officers to high standards in driving under pressure.”

However, he also added that “Every pursuit requires police officers to make a judgement of the risk to the public, the suspect(s) and themselves.”

And that there remained the potential for them to be prosecuted for careless or dangerous driving.

The minister added: “Where a vehicle is driven in what would otherwise be a careless or dangerous way, that could still endanger road safety and it must therefore remain a matter for the courts to decide on individual cases whether the policing purpose was valid and the manner of driving objectively necessary and proportionate.

“I consider, therefore, that guidance on the application of the law, rather than a blanket exemption, is the right approach to take.”

Mr Hurd added that the CPS starting point is that it is “very unlikely to be appropriate to proceed with a prosecution on public interest grounds” against a member of emergency services.

Ms Lynch told Police Oracle this has not cleared up the situation. She said: “I was contacted by several police officers seeking clarification from the Government on the laws which at present are ambiguous around pursuit and emergency response driving.

“Whilst I am pleased to see the minister stress that the CPS guidelines state it is unlikely to be in the public interest to pursue charges against a 999 driver, I don’t feel this goes far enough in providing our emergency responders with the assurances they need to do their jobs.

“Shadow Policing Minister Louise Haigh MP recently argued that clarification on this was essential in the wake of a massive increase in crimes committed using mopeds and off-road bikes, however I fear that this response only raises more questions than it answers.”