OFFICERS should be wary of risking ‘their lives and careers’ until they get better legal protection for ‘dangerous driving’ on police pursuits, West Yorkshire Police Federation said this week.
There is no special consideration in current law for police officers in emergency situations – and their driving will be judged on the same standards as any ordinary motorist should a prosecution be brought.
Chief officers and Police Federation of England and Wales officials are pressing for an amendment to the law around dangerous driving to reflect the position of officers conducting pursuits.
Phil Abbiss, West Yorkshire Police Federation lead on health and safety, said this week: ‘Our advice to officers is clear in that they should always perform their role within the constraints of the law and Police Regulations.
‘Until the Government provide actual protection for officers who are prepared to put themselves in harm’s way to protect the communities they serve and not leave them to fend entirely for themselves, officers should not risk their lives and careers.’
Currently driving at speed, on the wrong side of the road and running through red traffic signals could all amount to dangerous driving, even if drivers are acting to protect the public and have advanced driving qualifications.
The concerns over police pursuits were highlighted after Hampshire Constabulary roads policing officer PC James Holden was prosecuted following a pursuit through Portsmouth.
The officer had been following a stolen van but immediately stood down when the offender crashed the vehicle through a closed level crossing barrier.
Although there had been no external complaint made against the officer the case was referred to the Crown Prosecution Service following an internal review of the pursuit.
PC Holden was charged with dangerous driving. It took the acquittal of PC Holden by a jury for his reputation to be cleared.
John Apter, chairman of Hampshire Police Federation, said that all police drivers would have been advised not to pursue had the officer been found guilty.
Barrister Mark Aldred, who represented the officer, said: ‘It is virtually impossible to conduct a pursuit without running a high risk of contravening the law as it currently stands.
‘There are no legal exemptions – it makes no difference that police drivers are highly skilled.’
According to www.policeoracle.com Andy Holt, the ACPO Lead on Pursuits, agreed that there was a problem and said it could only be solved through an amendment to legislation.
He added that the association had agreed a ‘sticking plaster’ approach in the meantime through the issuing of improved guidance to forces – the chief officer said that the public would be put at risk if officers were not able to pursue.
Keir Starmer, Director of Public Prosecutions, said: ‘A number of concerns have been raised with me about the case of PC Holden. I do not propose to comment on the case itself, but I have decided that CPS policy guidance in relation to dangerous driving should be reviewed, including the way in which it is applied to members of the emergency services.’
He added: ‘The CPS will consult with the police before finalising the revised policy guidance.’
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