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Surrey Police Federation

Law changes could better protect police drivers

15 March 2017

Progress is being made to change law to better protect police drivers, delegates were told at the annual Police Federation of England and Wales Roads Policing Conference.

Figures from PFEW show that in the 18 months from July 2015 to December 2016, 130 officers approached the Federation for advice while under investigation for on-duty related driving matters.

Tim Rogers, lead on pursuits for the Federation, said: “We need to get away from situations where people who are doing their job – protecting the public – with high levels of training are being dragged through years of unnecessary hearings and trials.”

The current legislation leaves police drivers vulnerable, as there are no exemptions that take into account the high level of specialised training officers are given. All driving standards are measured against that of a ‘competent and careful driver’.

Barrister Mark Aldred told the conference that pursuit drives fell squarely into the definition of ‘dangerous or careless driving’ and it was important all officers made themselves familiar with the law.

Mr Aldred is a prominent lawyer who successfully defended PC James Holden in a high profile Dangerous Driving case in 2012. PC Holden was a Hampshire Police officer who was accused by the Crown Prosecution Service of putting innocent people at risk during a pursuit through Portsmouth.

He told delegates: “If we are going to ask officers to do this job, we need to make sure they are protected. The courts have made it clear that in assessing whether a drive was dangerous, the officer’s skill and training are to be disregarded.”

Tim Rogers added it was important to understand what the Federation was asking for. “I want to make it clear that we are not asking carte blanche for officers to be allowed to drive dangerously. What we want is for training to be recognised,” he said.

PFEW Chair Steve White added: “Too often officers have been hung out to dry for just doing their job. There is still more to do, but good progress has been made, and I’ll be discussing this with the Police Minister, Brandon Lewis, in the coming weeks.”