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Download - West Midlands Police Federation

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National news round-up<br />

Campaign calls for change of law to protect pursuit drivers<br />

Talks have begun with the<br />

Home Secretary over<br />

concerns about officers<br />

taking part in police<br />

pursuits being subject to<br />

prosecution.<br />

T/Deputy Chief<br />

Constable Andy Holt, who<br />

is ACPO lead for police pursuits, has<br />

started the ball rolling on a change or<br />

amendment in legislation which will<br />

potentially offer more protection to police<br />

officers. He has also spoken to the Director<br />

of Transport.<br />

In 2009 in a Court of Appeal case, the<br />

court prohibited a jury from taking into<br />

account a police officer’s skill and training<br />

in determining whether the driving was<br />

dangerous. As a result, a police officer<br />

cannot argue that his driving ought not to<br />

be considered dangerous because he had<br />

the skills to deal with the apparent hazards.<br />

And more recently, in a case involving<br />

officers from Hampshire, a<br />

further problem was<br />

highlighted in that the<br />

prosecution argued that a<br />

police driver is criminally<br />

liable for the danger caused<br />

by the subject vehicle<br />

because, by pursuing or<br />

continuing to pursue, the police driver has<br />

caused the dangerous driving of the subject<br />

vehicle.<br />

In a letter to chief constables, Mr Holt<br />

said: “The <strong>Police</strong> <strong>Federation</strong> are rightly<br />

concerned that officers are at increased risk<br />

of prosecution whilst merely seeking to<br />

discharge their duties as constables. It<br />

would pose a serious risk to the operational<br />

delivery of the police service if officers do<br />

not conduct pursuits and do not respond to<br />

emergencies promptly. I am working with<br />

the <strong>Federation</strong> to address this issue, but it<br />

seems likely that a change or amendment<br />

to legislation is required and, as you may<br />

imagine, this could take some while.”<br />

The <strong>Police</strong> <strong>Federation</strong> of England and<br />

Wales has written to all branch boards<br />

outlining the position.<br />

In the letter it states: “The <strong>Police</strong><br />

<strong>Federation</strong> acknowledges that police<br />

officers cannot be exempt from such<br />

driving standards, but takes the stance that<br />

the uniqueness of the role and the<br />

requirement to respond to emergencies of a<br />

very wide nature requires that the driver’s<br />

training and expertise should be taken into<br />

account. It falls to the individual officer to<br />

justify proportionality, reasonableness,<br />

necessity and judgement if called to<br />

account as to why they drove in the way<br />

they did.”<br />

Mr Holt said the issue has also been<br />

raised with the Director of Public<br />

Prosecutions to ensure that before any<br />

prosecution the public interest test has been<br />

appropriately applied.<br />

National standards planned for<br />

roads policing officers<br />

A project that will lead to the creation of national accredited<br />

standards of training for officers involved in roads policing has<br />

been launched.<br />

<strong>West</strong> <strong>Midlands</strong> ACC Garry Forsyth, vice-chair of the ACPO<br />

Roads Policing Business Area, gave details of the project at the<br />

joint ACPO and <strong>Police</strong> <strong>Federation</strong> Roads Policing Conference in<br />

Leicestershire earlier this year.<br />

The project will run for up to two years and will engage with<br />

forces across England and Wales to establish what training is<br />

currently being delivered.<br />

The national package is expected to be in a range of modules<br />

which will enable chief officers to have a variety of options that<br />

they can tailor to their force’s circumstances. The team will work<br />

with a view to embedding the standards within the new College<br />

of Policing.<br />

Alan Jones, the <strong>Federation</strong>’s roads policing lead, said:<br />

“Although we already have some excellent in-force training<br />

provision it is too patchy and non-consistent.<br />

“The establishment of a national standard is long overdue. I<br />

really do have a long term vision of a national roads policing<br />

academy which has tremendous opportunities to embrace all<br />

aspects of the role, supporting officers in the best possible way.”<br />

MP’s praise for roads policing<br />

officers<br />

The Department of Transport has thanked police officers for the<br />

incredible job they do, day in day out helping make Britain’s roads<br />

among the safest in the world.<br />

Stephen Hammond MP, the under-secretary of state for<br />

transport, addressed officers via video at the joint <strong>Police</strong> <strong>Federation</strong><br />

and ACPO Roads Policing Conference earlier this year.<br />

He spoke about new proposals to reduce drink-driving and to<br />

allow a widened range of registered healthcare<br />

professionals to use blood and specimen samples in evidence.<br />

He said: “The concluded drink-drive consultation will support<br />

more law enforcement. Under new proposals, this will allow us to<br />

close down some loop-holes used by some drink-drivers to escape<br />

prosecution. We will be looking at replacing a breath test with a<br />

blood or urine test.<br />

“We are also looking at proposals to widen the range of<br />

registered healthcare professionals who are allowed to take blood<br />

samples and specimens in evidence.<br />

“I am grateful to ACPO, the <strong>Police</strong> <strong>Federation</strong>, other police<br />

groups and authorities who have responded to this consultation<br />

and look forward to working with them as we decide which<br />

measures to implement.”<br />

The Department of Transport is giving more than £1 billion to<br />

local councils to improve the transport infrastructure, including the<br />

design of better and safer roads.<br />

34<br />

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