PARLIAMENTARY DEBATE
Police Accountability - 23 October 2024 (Commons/Commons Chamber)
Debate Detail
For an armed police officer to be prosecuted for actions taken in the course of their duties is very rare, so of course this case has raised considerable concerns for the public and for the police. The decisions made on any individual case, be it by the police, the Independent Office for Police Conduct, the Crown Prosecution Service, the courts or a jury, are rightly independent of the Government, so it would not be right for me to comment further on the details of the case. However, the case has happened against a backdrop of wider and long-standing concerns about accountability, standards and confidence—a backdrop in which police officers and forces have raised long-standing concerns about the way in which the accountability system currently operates, particularly in cases of specialist policing such as firearms and driving, where we ask officers to do incredibly difficult and dangerous jobs to keep us safe, and a backdrop of fallen community confidence in policing and the criminal justice system across the country, with, as the Metropolitan Police Commissioner said this week, lower confidence among black communities.
The British policing model relies on mutual bonds of trust between the public and the police. For our policing model to work, it is essential that the police have the confidence of the communities they serve, and that officers have the confidence that they need to do their vital and often extremely difficult job of keeping us all safe. Too often in recent times, both elements of that confidence have become frayed. The Government have made it a mission to put confidence back into policing.
As part of that work, I want to update the House on new measures that we will take forward in response to the accountability review and following ongoing work to respond to issues raised by the Angiolini and Casey reviews. That will be a package of reforms to rebuild confidence for police officers and for communities, to tackle the unacceptable delays and confusion in the system, and to ensure that the complexity of specialist operations is considered at an early stage and that the highest standards are upheld and maintained.
Twelve months ago, the previous Government launched a review into the accountability systems for police use of force and police driving. The previous Home Secretary set out an interim response in March, which the Labour party supported, and I welcome his work. The review was not completed by the election, and although we have continued to draw on evidence from police and civil society organisations, we were unable to say more publicly in the run-up to the trial, so today I will update the House.
The accountability review found that the current system for holding police officers to account is not commanding the confidence of either the public or the police. Accountability and misconduct proceedings are too often plagued by delays stretching for years, which is damaging for complainants, police officers and police forces alike. The system has become more complex, with confusion over multiple thresholds for different investigations, and a lack of clarity, especially on specialist capabilities.
There are also wider concerns about the misconduct system. The focus when things go wrong can end up being entirely on the decisions of the individual officer, so system failings such as poor training, unmanageable caseloads or wider force practices are not sufficiently considered or followed up, meaning that too little changes. At the same time, as we saw following the Casey and Angiolini reviews, in cases where someone is not fit to be a police officer, it is too hard for forces to remove them, and communities feel that no one is held to account. The public must be able to expect that when officers exceed the lawful use of their powers or fail to meet proper standards, there will be rapid and robust processes in place to hold them to account. Police officers who act with integrity and bravery to keep us safe each day need to know they have strong public support. If officers lack the confidence to use their powers, following their training and the law, public safety is put at risk.
Let me turn to the policy measures. First, we will take forward the three measures proposed by the previous Government in March to strengthen and speed up the system. We will align the threshold for the referral of police officers from the Independent Office for Police Conduct to the Crown Prosecution Service to that used by the police when referring cases involving members of the public. Currently the threshold is lower for police officers—that is not justified. We will allow the IOPC to send cases to the CPS where there is sufficient evidence to do so, instead of having to wait for a final investigation report. And we will also put the IOPC victims’ right-to-review policy on a statutory footing to ensure that there is an appeal mechanism for bereaved families when a decision is made not to seek a charging decision.
Then we will go further. When officers act in the most dangerous situations on behalf of the state, it is vital that those officers and their families are not put in further danger during any subsequent legal proceedings. We will therefore introduce a presumption of anonymity for firearms officers subject to criminal trial following a police shooting in the course of their professional duties, up to the point of conviction. We will also ensure that the highly specialist nature of particular policing tactics and tools is reflected in relevant investigative guidance. That includes ensuring that in investigations of police-driving incidents, evidence from subject-matter experts and in-car video footage is considered at the earliest possible opportunity, and, more widely, that an officer’s compliance with their training and guidance is appropriately taken into account in investigative decision making.
I also have established a rapid review of two specific areas where recent legal judgments have meant that we now have different thresholds for criminal, misconduct and inquest investigations, adding complexity, confusion and delay to the system. In particular, that review will consider the legal test for use of force in misconduct proceedings, and the threshold for determining short-form findings of unlawful killing in inquests. The independent review will be conducted by Tim Godwin and Sir Adrian Fulford, and will report jointly to me and the Lord Chancellor by the end of January.
I have asked for further work to be done on timeliness, standards and misconduct procedures as part of our wider policing reforms. My right hon. Friend the Attorney General has invited the Director of Public Prosecutions to examine the CPS guidance and processes in relation to charging police officers for offences committed in the course of their duties. Following calls from civil society organisations, we will ask the College of Policing to establish a national “lessons learned” database for deaths or serious injuries arising from police contact or police pursuits, so that when tragic incidents occur, there is a responsibility to ensure that lessons are incorporated into the development of police training and guidance, and to prevent the repetition of such events.
To rebuild public confidence in the wider standards regime for policing, we also need to ensure that there is faster progress in responding to the findings of the Angiolini and Casey reviews on vetting and standards. We will therefore take forward in this parliamentary Session previously agreed proposals to ensure that officers convicted of certain criminal offences are automatically found to have committed gross misconduct; to create a presumption of dismissal where gross misconduct is found; and to change regulations to enable chief constables to promptly dismiss officers who fail their vetting—there has been a glaring gap in the system there for far too long. We will go further to ensure that standards are upheld: we will ensure that there is a statutory underpinning for national vetting standards, and strengthen requirements relating to the suspension of officers under investigation for domestic abuse or sexual offences.
Finally, we need wider measures to restore confidence in policing and the criminal justice system across all communities. That must include further work to take forward the Met’s London race action plan, on which action has already been taken, though the Met commissioner and the Mayor for London have made it clear that there is much more work to do. We need progress from the National Police Chiefs’ Council on the national police race action plan. The Government are also determined to take forward further measures, ranging from the introduction of neighbourhood policing to new police force performance standards, to strengthen confidence in policing in every community across the country.
The measures that I have outlined are practical steps to rebuild confidence, tackle delays, provide clarity and ensure that high standards are maintained. For almost 200 years, policing by consent has been the bedrock of British policing. The Government are determined to take the necessary action to strengthen public confidence in the police, and to strengthen the confidence of the police when they are out on the street every day, doing the difficult job of keeping us all safe. Those are the twin goals that we must all work towards. I commend this statement to the House.
I very much welcome what the Home Secretary has set out. I agree with almost all of it and disagree with almost none of it. As a society, we demand that our firearms officers put themselves in dangerous and difficult situations to protect others. Every firearms officer in the UK is a volunteer, and although we rightly value having have a predominantly unarmed police force, we do of course need a cadre of armed police officers across the country.
I have had the privilege of visiting the police firearms training centre in Gravesend, and I have seen at first hand just how rigorous that firearms training regime is—not just in marksmanship, but in the use of judgment. Split-second life-or-death decisions must be made, often in circumstances in which the risk picture is incomplete and the cost of not acting is considerably more severe than the cost of acting. In all our debate and conversation about the use of force by police, that fundamental truth should be at the forefront of our minds.
As the right hon. Lady said, we rightly expect that all officers will act with restraint and professionalism at all times, but we cannot allow circumstances to be created in which officers are disincentivised from being decisive, or become unwilling to take the right action for fear of trial by media or a long period of suspension under investigation.
I am grateful to the Home Secretary for acknowledging in her statement that when my party was in government—under my predecessors and led predominantly by my right hon. Friend the Member for Croydon South (Chris Philp) —we initiated a review of the use of force by police officers and the accountability regime. I am genuinely grateful that, under the Home Secretary’s leadership, the review is continuing. As she says, giving confidence to police officers, so that they can act in accordance with their training and not be penalised for those actions, is absolutely key. Simultaneously ensuring that the public have confidence that police officers still have an appropriate accountability framework is equally important. She made the point that both those aims are being pursued in the accountability review that she is taking forward.
The commitment that such investigations will be more speedy is key. Specifically, it is important that the Home Secretary continues with the Conservatives’ proposal to allow the IOPC to refer cases to the CPS earlier. Prolonged periods of uncertainty undermine the confidence of both police officers and the public they serve. I am pleased to see that the Government are continuing with our reforms to ensure that when police officers act in accordance with their training, and in the line of duty, they are not subject to a lower threshold for prosecutions than members of the general public. I ask the Home Secretary to seriously consider ensuring that training in those roles forms a legitimate part of the defence of officers if and when criminal prosecutions are brought forward.
I particularly welcome the move to introduce a presumption of anonymity for firearms officers subject to criminal trial following a shooting. We now know that Chris Kaba was involved with a violent gang, and that Sergeant Blake and his family had—and still have—a well founded fear of violent reprisals. That fear was amplified when Sergeant Blake’s name was put in the public domain.
In the light of the review by Dr Gillian Fairfield, what further recommendations is the Home Secretary minded to take forward? Does she recognise that in the era of social media, all people of public profile, including Members of this House, should be very thoughtful and careful about making public statements when facts are unknown or contested? The police should know instinctively that they will have the backing of both their chain of command and the politicians involved in their governance, at all levels, when they do the right thing at our behest, and that they will be backed by their chain of command even if those actions are not popular or convenient. We have too often seen police leadership bend to inappropriate levels of public pressure.
In conclusion, I welcome the statement from the Home Secretary, and her commitment to taking forward the reforms of the police accountability review. Conservative Members will work constructively with her to ensure that the appropriate balance is struck to reinforce confidence in policing, and the confidence of police.
The shadow Home Secretary is right that firearms officers have to deal with some of the most difficult parts of policing, sometimes having to make split-second decisions in fast-moving and difficult circumstances that none of us would want to be in. Frankly, if any of us were in those situations, we would want to know that there were firearms police officers there to protect and support us.
In the UK, police officers discharging firearms is very rare, particularly compared with other countries. That reflects the nature of our unarmed policing tradition, as well as the professionalism and training of the police, and the different ways in which they manage often very difficult situations, but of course they need to know that when they follow their training and operate within the law, they will have our support for the difficult decisions that they have to take, and will not find their lives upturned as a result. The anonymity provisions are important, and I hope that they will have support from the whole House. The Government want to bring in the presumption of anonymity in the forthcoming crime and policing Bill.
The shadow Home Secretary also raised the issue of training. I want that to be looked at when the investigative guidance is updated; that way, it can be addressed relatively quickly to ensure that issues around police driving and training more widely are taken into account in early investigative decisions before cases are pursued.
On the Fairfield review, we are taking forward further measures, and will look, in wider policing reforms, at how the IOPC needs to work. It is important that we continue to have an independent process. That has to be set against the backdrop of the wider policing reforms that are needed to ensure that we strengthen confidence for both officers and communities. That is how we will maintain for the new generation the proud British tradition of policing by consent.
The Home Secretary will know that over the years there have been a series of deaths at the hands of the Metropolitan police that have led to deep unhappiness and even riots. One death that comes to mind is that of Cynthia Jarrett in 1985, who died of a heart attack when four policemen burst into her house, and whose death triggered the Broadwater Farm riots. Does the Home Secretary accept that nothing could be more damaging for police-community relations than if the idea took hold that in some way the police were above the law?
My right hon. Friend makes an important point: at every stage in the process, these decisions have to be for the independent judiciary, the courts and the police prosecutors. Our role in this House is to provide the framework within which those individual decisions are then made, but I also agree that ultimately, all these measures have to have the confidence of communities across London and across the country. If they do not, that proud British tradition of policing by consent is lost, which is deeply damaging for police officers and policing, as well as for all our public safety.
Any case in which a young person’s life is cut short is a tragedy, and my thoughts are with all those who are impacted by this awful situation. It is crucial that we in this place respect the judiciary and their right to make decisions without political interference. However, a case like this one does not happen in a vacuum—we must remember the wider context. As Baroness Casey said in her review, black Londoners are “under-protected and over-policed”. A huge and radical step is required to regain police legitimacy and trust among London’s black communities. Those findings cannot and should not be ignored, which means working together to rebuild community relationships and trust in the police, something that is vital to the very fabric of policing by consent.
With that in mind, I welcome the Home Secretary’s commitment to pick up the accountability review. When it comes to firearms officers’ accountability when operating under enormous pressure, ambiguity benefits nobody—not police officers, and certainly not our communities. I would, however, welcome more details from the Home Secretary about how those communities with the least trust in the police, especially ethnic minority communities, will be consulted in this review. These questions extend past the Met, so will other police forces—including my own Greater Manchester police—be involved in the review, and will the Home Secretary commit to commission an independent review of the implementation of the Casey review’s recommendations? Rebuilding trust in the police has got to be our priority, for the sake of our whole community and for ethnic minority communities, and for the officers who are working hard to keep us safe in difficult circumstances.
We continue to work to ensure that some of the measures recommended by the Casey review that have national implications, as well as the Angiolini review, are taken forward as part of this package. Those include issues with vetting and misconduct processes—it is important that we make progress on those measures, as well as on some of the issues that arise from the accountability review. We will also ensure that all communities are involved in the way in which measures are taken forward.
We also want to ensure that issues of training and specialist capabilities are taken into account at a very early stage in investigations, and we will be revising the guidance for investigations to ensure that happens. The Attorney General has asked the Director of Public Prosecutions to review CPS guidance on charging in cases where officers use force in the line of duty, as I said in my statement. There is a series of areas where we are ensuring that the system can work more effectively, but, crucially, this is about raising confidence for the public as well as for police officers.
Some 1,900 people have died in police custody since 1990. The police have protections, while our black communities are over-policed and under-supported. Will the Home Secretary give assurances that we and our communities will be kept safe and that the police, who already have the protections they need, will not be given extra protections?
“This was investigated and protective measures taken. The investigation is now closed.”
I would have thought that, if there were intelligence indicating that a hit was being arranged, the investigation should not be closed until the perpetrators were themselves arrested.
Two critical words came up in your statement: “confidence” and “accountability”. There is a lot of concern that confidence in the Independent Office for Police Conduct and in the Crown Prosecution Service is falling. In fact, among police officers, particularly those in the firearms departments, confidence is frankly collapsing, and that is not a good place to be. Even the jury in the Chris Kaba case wrote a letter to the judge—they wanted it to be read out, but he decided not to—in which they expressed astonishment and a lack of confidence in the IOPC and the CPS. The point about accountability relates not just to police officers, but to the IOPC and the CPS. Does the Home Secretary still have confidence in the leadership of the IOPC and the CPS, or should that be changed?
Every police officer in Northern Ireland carries a weapon because of the high threat levels from terrorism. Their lives are on the line every day they are on the beat—that is the life of a police officer in Northern Ireland—so it is very important that we recognise the threats. Will the Home Secretary have discussions with the Chief Constable and the Policing and Finance Ministers in Northern Ireland about how we can move forward on these issues to protect our police officers? That is critical.
Police officers want to maintain high standards, but they also want to know that where officers are doing their duty to keep us safe and operating in line with their training and the law, they have our strong support. We must ensure that confidence works both ways: that we have confidence in policing and that the police have the confidence to do their difficult job of keeping us safe.
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