Police Misconduct and Investigations

Thursday 21st March 2024 Written Statements

[The Secretary of State for the Home Department (James Cleverly)]

Police forces must command the trust and confidence of the people that they serve. This is vital to the success of our policing by consent model, and why policing in England and Wales is a beacon internationally. A robust police accountability system which ensures officers who fall short of the standards expected of them are held to account appropriately is an integral part of that. It is in the interests of the majority of officers who use their powers to serve the public bravely and well, as well as the wider public. The damage caused to public trust by recent cases of officers not fit to serve brings this into focus.

The accountability system for police use of force must also be fair and proportionate. It is vital that police officers have the confidence to use their powers effectively to keep the public safe. I understand many officers have lost trust in the accountability system and lack confidence to take the actions necessary to protect the public. I am also acutely aware that this is an issue not just for firearms officers, but for many others trained and entrusted to use force or carry out pursuits where necessary to do the difficult job we expect of them.

On 24 September 2023, my predecessor announced a Home Office-led review of investigatory arrangements which follow police use of force and police driving-related incidents. This reflected the need to ensure frameworks for investigating incidents where members of the public are injured or killed, to strike the right balance in holding policing to account fairly without jeopardising public safety and to reflect the context in which the police do their jobs.

On 24 October, the terms of reference for the review were laid in the House and published on gov.uk, and submissions from stakeholders were invited. They were clear that the review will not consider live or ongoing investigations or proceedings. The need to ensure it does not in any way prejudice or interfere with ongoing or concluded investigations or proceedings is paramount. I am pleased now to provide an update.

Progress update / what we have heard

Since the review was announced, officials have engaged with a wide range of stakeholders, receiving written evidence and personal testimony from frontline officers, senior police leaders, the Independent Office for Police Conduct, relevant Government Departments, civil society stakeholders, representatives from the legal sector, and individuals and families directly impacted by police use of force.

Outside the review, and in parallel, we asked the Attorney General, as part of her superintendence role, to look at the Crown Prosecution Service and to make recommendations.

A broad range of participants expressed concern about how the system operates in practice, its complexity, and in particular the timeliness and fairness of investigations. All agreed that investigations take too long; it is unacceptable that it can take years for a verdict to be reached, placing unnecessary stress on all involved. Drawn-out processes have a detrimental effect on public confidence, as well as on the professional and personal lives of all involved. Many identified that processes should be made clearer and more efficient within and between the organisations which deliver police oversight, and that legislative change may be necessary to ensure robust and fair accountability.

I know that police understand the need for accountability. However, many officers do not trust that they will be treated fairly under the current system, and that is having a detrimental impact on morale and the willingness of officers to volunteer to take on the role of firearms officers. This is impacting police capability to do their job and protect the public.

The review team spoke to the families of people who had died or suffered serious injury following police contact, and the lawyers who represent them. Their experiences had often caused them to lose confidence in the system to hold policing to account, particularly in relation to the treatment of people from some minority groups. I am also aware that recent high-profile events have undermined public perceptions of policing. I have listened to all of these concerns and acting on them is a Home Office priority.

What we are doing now

Based on the evidence received, this Government will bring forward a range of legislative and non-legislative changes to address pressing issues. These immediate measures will precede a comprehensive public consultation before the summer on the shape of the accountability system.

Criminal Justice Bill

I plan to bring forward three legislative changes through the Criminal Justice Bill. These changes to schedule 3 to the Police Reform Act 2002 will together aim to improve the timeliness and fairness of investigations and the rights of victims. These changes will:

raise the threshold which is used to determine whether the IOPC refers a case to the CPS, to improve the timeliness of investigations. While the CPS will retain the ultimate decision on whether to prosecute, this change will improve timeliness and confidence in cases where criminality is suggested;

relax the restrictions preventing the CPS from bringing criminal proceedings until the IOPC produces a final report. This will allow the IOPC to submit its investigation report to the CPS earlier, on completion of the investigation, where possible criminal offending has been identified. The CPS can then make charging decisions sooner—reducing the length of time that an investigation takes—which is in the interests of all involved;

solidify victims’ rights by formalising the IOPC’s existing Victims’ Right to Review policy in legislation. The VRR allows complainants and their families to challenge decisions by the IOPC not to refer an investigation report to the CPS for a charging decision. Enshrining this in legislation will provide victims with a legal right to review decisions and supports thorough checks and balances in the police misconduct system. This will also allow Government to hold the IOPC to account for delivery.

White Paper and consultation on wider changes

Further to these amendments, a range of more complex legislative changes are being considered to address broader concerns about the accountability system. Due to the nature of these changes, we must make sure they are thoroughly considered and implemented properly. All who will be affected—whether officers or the public—must be given the opportunity to input and have their voices heard. I will set out this broader package of proposals for public consultation as soon as practicable after the Police and Crime Commissioner elections conclude on 2 May. The consultation will put forward Government findings and proposals, where appropriate, on various issues set out in the review’s terms of reference, including:



the relevant thresholds for launching investigations into police misconduct and criminality—the “case to answer” test in misconduct proceedings;

the relevant legal tests concerning the use of force in self-defence in respect of police misconduct proceedings;

consideration of the standard of proof required for a finding of unlawful killing for inquests and relevant inquiries;

bringing forward options for time limits on investigations, with pilots where necessary;

and making improvements to policies relating to officer and public safeguarding during investigations and proceedings, including officer anonymity.

Non-legislative measures

Aside from legislative proposals, there is more that must be done now to improve confidence in the police accountability system. Further to the amendments in the Criminal Justice Bill, there is a range of non-legislative measures that we are progressing. I intend to work with all relevant stakeholders to address timeliness and complexity of the accountability process, improve post-incident communications, and ensure better support for families, individuals and officers. This includes:



strengthening guidance to ensure that officer training is thoroughly considered during misconduct investigations;

commissioning analysis of post-incident communications, focusing on their accuracy and stakeholder views;

working with relevant organisations to improve the availability of clear guidance on the legal frameworks/processes for complainants and officers;

standing up a cross-Whitehall working group to address inefficiencies across the different organisations that consider these issues;

and launching an independent review of the overall approach to fulfilling Article 2 and 3 obligations following police contact to consider fundamental reform to improve timeliness of outcomes.

Fairfield report publication

The Government will also today publish the report of a recent independent review of the IOPC carried out as part of the Government’s public bodies review programme. The PBR programme is aimed at increasing the effectiveness of public bodies and their delivery for the public. The IOPC’s review was led by Dr Gillian Fairfield, the current chair of the Disclosure and Barring Service, in line with terms of reference published by the Government on 1 March 2023. She reported in December last year.

Key findings in the Fairfield report include:

concern that numbers of referrals to the IOPC have risen more than threefold, while numbers of independent investigations have fallen;

that the IOPC’s governance structure is flawed and should be reformed, with interim improvements to governance, committee structures, assurance and audit functions and closer monitoring by the Home Office;

and further measures required to improve quality and timeliness including cross-Government working to improve times and the way that different parts of police discipline and the criminal justice systems interact.

The Home Office broadly accepts the majority of the Fairfield recommendations for Government and is also publishing its response today. To ensure that issues around assurance and oversight are addressed, the Home Office will make arrangements to introduce a Chair of the IOPC's unitary board.

IOPC DG recruitment

Key to IOPC governance is the Director General role, and today Rachel Watson has been appointed to the position following a robust open competition, conducted in accordance with the Governance Code on Public Appointments. Rachel Watson has been serving as Policing Director in the Home Office since 2019, and will be bringing her years of expertise and experience working with the sector to head up the organisation.

It is critical that we bring forward specific proposals on accountability that both the police and the public can have full confidence in. We ask officers to put themselves in harm’s way when performing their duties and, in some cases, they must take split-second decisions in order to protect life. This is a huge responsibility, and in return, they must feel supported and should not fear that actions taken in line with their training and guidance could damage their careers, wellbeing or family life.

At the same time, the police must maintain the trust the public puts in them to keep them safe, and it is therefore crucial that any use of force is reasonable, proportionate and necessary. When things go wrong, the accountability system must provide the public with reassurance that the police will be held to account for their actions, and that any behaviour falling below the high standards we expect is investigated swiftly and fairly. Those who have been on the receiving end of unlawful use of force, or whose loved ones have been affected by this must feel confident that those responsible will be held to account.

Together, these proposals will bring forward important changes to ensure we maintain this balance. I would like to thank all of those who have contributed to the review so far. I am determined that we continue to work together to ensure a fair, transparent and timely accountability system for all.

[HCWS369]