Police on misconduct charges over use of force to face ‘more consistent’ rules

New rules will change how police officers are held to account when making split-second decisions to use force in the line of duty, the Government has announced.

The move follows recommendations from a review carried out after Sergeant Martyn Blake was acquitted for the murder of Chris Kaba in October last year.

Metropolitan Police officer Blake shot the 24-year-old in Streatham, south-east London, in September 2022 after Mr Kaba tried to ram his way past police cars that had hemmed him in.

Despite this, the Independent Office for Police Conduct said in April that Blake will still have to face gross misconduct proceedings, stating “the legal test for deciding whether there was a case to answer is low” and has been met.

Under Government plans announced on Thursday, the legal test for police misconduct hearings will be changed to be in line with criminal law, rather than the current civil law test used, which will seek to stop officers being punished for making genuine mistakes to protect the public.

Instead, they will be assessed on whether they have an honest belief that use of force was necessary when acting quickly in a dangerous situation.

Metropolitan Police Commissioner Sir Mark Rowley welcomed the rule change for fairness and public safety, but charity Inquest said it “undermines the rule of law” and increases impunity and injustice.

The Met chief said “too often” police officers face months or years of uncertainty, having to go through multiple legal proceedings holding different standards in order to justify split-second decisions made in challenging circumstances.

He said: “The chilling effect of an accountability system not fit for purpose is officers not prepared to do the most challenging roles or fearing the consequences of their actions more than the criminals they are confronting.

“Communities are less safe as a result.”

He added that officers will still need to use force deemed necessary and proportionate in all circumstances, but they can have greater confidence they will be held to a “consistent standard”.

The law change will be made after a consultation with the Police Advisory Board for England, which is required by law.

Meanwhile, the review published by the Home Office on Thursday also recommended for a public consultation to be carried out on the standard of proof in unlawful killing inquests.

But Inquest director Deborah Coles said the new proposals were “yet another insult to those rightfully seeking accountability”.

She said: “All the evidence shows that what is needed is exactly the opposite.

“The Home Office has once again ignored the experience of bereaved families by parroting the concerns of the police lobby.”

Announcing the plans, policing and crime minister, Sarah Jones, said it is vital for police officers to have confidence to act decisively in moments faced with danger to protect the public.

“These changes will empower officers to keep our communities safe while ensuring those who fall short of expected standards are still held to account,” she said.

“This is a crucial step in rebuilding public confidence in our police.”