Page 32 - WMPF Federation June-July 2021_Neat

Conference Day 2 - Johnson Auditorium

Change to driving

law for officers must

be fit for purpose

ederation representatives are being trained to do but nothing more. Performing the bill to give officers flexibility to respond
urged to implore their chief officers to a manoeuvre which is not trained or in legally to the matters they encounter on
Fensure that changes to driving policy is likely to fall into the new definition duty.
legislation aimed at better protecting police of dangerous and careless driving under a This would take into account what they
drivers make the law truly fit for purpose. new test against the careful and competent reasonably believe they are responding to,
Tim Rogers, deputy secretary of West police driver,” Tim explained. the threat that is posed and any departure
Midlands Police Federation and national “Going beyond the terms of that licence from the relevant standard should be
pursuits and driver training lead, gave an could give rise to criminal liability. I have reasonable and proportionate.
update on the provisions of the Police, grave concerns around the practicality of During the Home Secretary’s Q And A
Crime, Sentencing and Courts Bill during a this approach. session, Tim asked the Home Secretary to
roads policing session at the Federation “What’s a police officer to do if they support the Federation’s amendment to the
conference. encounter something which falls outside of bill.
The bill, which is due to become law this policy? The bill in its current format Priti Patel said there was no intention to
later this year, sets out changes that will won’t permit a police officer to respond criminalise officers and that as the bill made
mean officers will no longer be judged by legally when confronted by the many and its way through Parliament the Home Office
the standards of the careful and competent varied situations officers are likely to would work through how it could make it
driver, allowing their professional training encounter while driving police vehicles.” work in the right way.
and expertise to be taken into account. The Federation has raised its concerns During the session, West Midlands PC
But Tim fears the wording of the with the National Police Chiefs’ Council and Vaughan Lowe gave a moving account of
proposed legislation could lead to officer is pressing the Government to consider being subjected to a seven-year criminal and
being further criminalised. adding a reasonableness defence clause to then conduct investigation after being
“We are very grateful for the support so involved in an accident in which a pedestrian
far from the Government, the Home Office, died while driving a police car.
the Ministry of Justice, the National Police “Vaughan is just one of many officers
Chiefs’ Council and the Independent Office who have been to hell and back when
for Police Conduct,” he said, but adding that subjected to these investigations when all
an amendment to the bill is now required. they have done is carry out the job the Force
A new legal test will currently be applied and the public expect of them,” said Tim.
so officers’ driving will be measured against “This change to the law, which will see
that of a ‘careful and competent police their skills and training recognised while
driver’, however, this could still leave them acknowledging the unique nature of their
exposed. role, is critical but we must ensure in
“An officer will be licensed to drive in preventing one type of jeopardy officers face
accordance with what they have been we don’t open up another.”

West Midlands PC Vaughan Lowe.

32 federation June/July 2021 www.polfed.org/westmids