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Review underway



       Progress in roads policing




       but work to be done






            he Federation’s national response   lead Alan Jones pushing it forward with   December 2017 Norfolk MP Sir Henry
            driving lead says 2019 brought   help from Craig Clifton, now a North   Bellingham introduced his Emergency
       Tsignificant progress in terms of    Yorkshire Federation rep but then staff   Response Drivers (Protections) Ten-Minute
       securing appropriate legal protection for   officer to the ACPO pursuits lead, the   Rule Bill and won cross-party support.
       police drivers but admits there is still   current national Federation chair and      The bill hit some snags along the way
       plenty of work to be done to ensure roads   former Hampshire Federation branch chair   but in 2018 the Government launched a
       policing meets modern day demands and   John Apter and myself. It has to be said   consultation on the proposed changes to
       challenges.                          that at this stage, however, the focus was   the law and by August that year I was
          Tim Rogers, who is also deputy    not on a change to the law but other   confidently saying we were almost there
       secretary of West Midlands Police    solutions.                          although it was not until May 2019 that a
       Federation, makes the comments in a blog      2007 R v Milton was a significant case   ministerial statement was issued,
       issued ahead of the Police Federation’s   which confirmed no account whatsoever   announcing plans to change the law to
       annual national roads policing conference   can be taken of a police driver’s specialist   give police drivers better protection from
       in Kenilworth on 28 and 29 January.  skills and training. He was initially   prosecution.
          The conference will be attended by   acquitted on the basis that his driver      Now, with the General Election out of
       Federation representatives from across   training allowed him to do what he was   the way, the Government has made a firm
       England and Wales but Tim is particularly   doing on the night in question. Of course,   commitment to implement the new
       pleased to have secured the attendance of   on appeal, the law was then correctly   legislation during this Parliamentary
       National Police Chiefs’ Council (NPCC)   applied and he was convicted of dangerous   calendar year as it was part of the Queen’s
       portfolio leads from many of the areas   driving. The judgement here helped frame   Speech. I am grateful for the support
       relevant to an ongoing Government review   the solution we proposed in 2019,   received from the Department for
       of roads policing as well as a       introducing the new test of a careful and   Transport, the Home Office and Her
       representative of the Home Office who will   competent police trained driver.  Majesty’s Government in making this
       talk about the forthcoming response      Two years later, the 2009 R v Craig   significant progress.
       driving legislative change, marking the   Bannister case was a stark reminder of the      While the success of this campaign
       first time the Federation has achieved this   issue at hand when Bannister was   represents a major breakthrough for the
       level of support.                    convicted of dangerous driving. There were   Federation, I am equally pleased that our
          Tim writes: 2019 was definitely a   numerous other cases that focused the   calls for a comprehensive review of roads
       breakthrough year in terms of roads   campaign including Holden and Houghton   policing have also met with Government
       policing. But, this only came as a result of   et al these led to the introduction of the   backing. The review has eight key strands
       tireless Federation campaigning on behalf   2012 Crown Prosecutor’s Guidance. This   and marks a huge step for roads policing
       of its members, the hard-working officers   was useful when applied but, with the   and a massive opportunity to improve
       who if not policing our roads were   then Independent Police Complaints   things since the Government seems to be
       definitely using vehicles to police our   Commission taking most killed or serious   conceding the 10 years of cuts have
       communities.                         injury (KSI) cases, the guidance was   impacted on our ability to keep our roads
          In 2019, after years of campaigning, we   ignored, meaning the law was applied and   safe. I am pleased that many of the
       finally got a commitment from the    leading to officers being prosecuted.  national leads from the NPCC will be
       Government to change legislation so that      R v Lowe 2012- 2018 was a prime   speaking at this year’s conference on these
       police drivers’ expertise and training is   example of the guidance being ignored   key areas. You will also hear from the
       recognised in law. Cross-party support for   despite it fully supporting a decision not to   Home Office regarding the new legislation.
       a change to legislation means that we will   charge. These decisions were the catalyst      Should we now have a dedicated roads
       no longer be judged against the careful   to start the current campaign to have the   policing force along the lines of the British
       and competent driver that is the expected   law changed as it became increasingly   Transport Police?
       standard of drivers. But then we don’t   clear we needed a legislative remedy.     I am also keen to ensure we look at
       expect your average ‘careful and        A new campaign was launched and   officer safety in more detail. Too many
       competent driver’ to be going through red   gathered apace despite the fact that the   officers are getting killed or seriously
       lights, crossing the carriageway or   then National Police Chiefs’ Council (NPCC)   injured by people prepared to use a vehicle
       exceeding the speed limit to get to an   lead for pursuits said he would only   as a weapon. We are training people to the
       emergency call. All too often police drivers   support a partial change in the law,   point that we stop the vehicle, tactical
       have found themselves facing months, and   prompting the Federation to warn its   contact, boxing, tpac and so on but have
       sometimes years, of legal and conduct   members of the risk they could face since   nothing by way of tactics for officers once
       proceedings simply for doing their job.  there were no legal exemptions for   they are out of the vehicle. We need the
          The Federation campaign got       careless or dangerous driving.      NPCC to mandate a consistent national
       underway more than 12 years ago with the      By October 2017, the Home Office had   solution.
       then national Federation roads policing   ordered a review of the situation and in


       16        federation February/March 2020                                   www.polfed.org/westmids
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