POLICE officers involved in pursuits and response drivers should seek legal advice before making statements about incidents, even if told they are being interviewed as a witness.<\/p>\n
That was the advice from Queen\u2019s Counsel Mark Aldred at the Police Federation of England and Wales Roads Policing Conference, as he explained the lack of legislation around exemptions for police drivers.<\/p>\n
\u201cFor police officers who enter into pursuits, the reality is, if the political will is there, they could be prosecuted for dangerous driving offences,\u201d he said. Pursuits fall squarely into the definition of \u201cdangerous driving\u201d he said, and that while it might seem surprising, there was \u201cno legislation that gives officers an exemption from prosecution\u201d.<\/p>\n
This differs to police use of force, where legislation requires that it is allowed if \u2018reasonable\u2019 in the circumstances.<\/p>\n
Mr Aldred is a prominent lawyer who successfully defended PC James Holden in a high profile Dangerous Driving case in 2012. PC Holden was a Hampshire Police officer who was accused by the Crown Prosecution Service of putting innocent people at risk during a pursuit through Portsmouth.<\/p>\n
\u201cIn my experience, in 95% of cases [which have reached my desk] the words that have come out of the officer\u2019s mouth have been used against them,\u201d added Mr Aldred at the conference.<\/p>\n
\u201cI get told by the officer that they \u2018were only doing their job, they can\u2019t seriously be being prosecuted\u2019 and then I see the lights go out in their eyes as I tell them the law doesn\u2019t protect them.\u201d<\/p>\n
He said reform needed to happen: \u201cIf we are going to ask police officers to do a job \u2013 we should make sure the law is there to allow them to do that job. Officers who drive or carry firearms do so voluntarily, for jobs that do carry serious risks. I wonder, if they were fully aware of the risks, would they continue?\u201d<\/p>\n
The Police Federation of England and Wales said it is working with the National Police Chiefs’ Council to develop a draft legislation change on this issue.<\/p>\n
Neil Bowles, Chairman of South Yorkshire Police Federation, said: \u201cWhen we are talking about a post-incident procedure where there has been death or serious injury from a police contact, whether it\u2019s by shooting, driving, or a death in custody, or just after, then yes, officers should be treated as witnesses because they\u2019ve been doing their job.<\/p>\n
\u201cI would advise all members to seek legal advice about how to best present their evidence. It doesn\u2019t matter whether you\u2019ve got anything to hide or not, in this day of litigation people can twist your words.\u201d<\/p>\n