CPS Guidance: Intentional Police Shootings

Tuesday 29th October 2024 Lords Chamber

Question

15:08

Asked by

[Lord Jackson of Peterborough]

To ask His Majesty’s Government what discussions they have had with the Crown Prosecution Service on guidance issued to prosecutors on intentional shooting by police, and on the application of the evidential and public interest stages of the test to decide whether to prosecute police officers in the case of the discharge of firearms.

[Lord Jackson of Peterborough (Con)]

My Lords, in begging leave to ask the Question standing in my name on the Order Paper, I draw the House’s attention to my interests as set out in the register.

[The Attorney-General (Lord Hermer) (Lab)]

My Lords, charging decisions made by the CPS are rightly independent and made in accordance with the Code for Crown Prosecutors and the Director of Public Prosecutions’ guidance to prosecutors. I have invited the Director of Public Prosecutions to review CPS guidance and processes in relation to charging police officers for offences committed in the course of their duties in order to consider whether any changes are desirable within the existing legal framework. The review will conclude by the end of the year.

[Lord Jackson of Peterborough (Con)]

I welcome the sensible decision to continue with the previous Government’s police accountability review, including the lessons-learned commitment. However, I would like to press the Minister on three issues. First, while I endorse the default presumption of anonymity in this small number of cases, an explicit and robust evidential test should be in place should a decision be made to deviate from this. Secondly, does he agree that it is imperative that these inquiries by the CPS and the IOPC are expedited in a reasonably timely and transparent fashion for the benefit of all parties? Thirdly and finally, will he undertake to ensure comprehensive and meaningful consultation with the Police Superintendents’ Association and the Police Federation?

[Lord Hermer (Lab)]

In respect of consultation with all relevant stakeholders across the range of reviews that we are undertaking, we have taken the measures agreed by the previous Government and we have gone further, and the details of that were set out last week by my right honourable friend the Home Secretary in the other place. In respect of anonymity, the Home Secretary set out that that is a measure we are going to take; there will be a presumption of anonymity in those cases. Ultimately it will rest upon the discretion of a trial judge.

[Lord Hogan-Howe (CB)]

My Lords, first, will the Minister confirm whether the review that is taking place will include a review of the Sergeant Blake case and, if it does not, whether he would encourage the IOPC, the CPS and perhaps the courts to consider how that case was handled? Secondly, is that review going to consider what I regard as the excellent proposal yesterday from the noble Lord, Lord Carter? Section 43 of the Crime and Courts Act 2013 provides a defence to householders in certain circumstances when their property is invaded. Should not police firearms officers—not police officers in general—be given some kind of comfort and defence in law when they exercise on our behalf these very difficult decisions of challenging people with firearms who are otherwise so dangerous?

[Lord Hermer (Lab)]

I thank the noble Lord for his question, and I recognise the great experience that he brings to bear. The intended reviews will not look at individual cases but no doubt will look across the board to see what lessons can be learned. In respect of firearms officers, I echo the words of the Home Secretary and indeed of my noble friend Lord Hanson in this House last week: we in this House all recognise and pay tribute to the extraordinary risk that firearms officers take upon themselves in public service to defend and protect all of us.

[Lord Thomas of Gresford (LD)]

Where a policeman has shot an unarmed man, allegedly in defence of another policeman, does the Minister agree that whether his action was objectively reasonable and proportionate in all the circumstances should be determined not by other policemen, nor by the Director of Public Prosecutions, but by 12 ordinary people of diverse backgrounds, commonly called over 800 years “a jury”?

[Lord Hermer (Lab)]

I do. However, it is worth pointing out to this House the enormous care and expertise that are brought to bear whenever a charging decision is made in a case about the discharge of firearms by a police officer. First, it is brought and dealt with by a specialist team within the CPS, trained in the area: the CPS special crime division. Secondly, decisions in cases concerning the discharge of firearms by police officers where a death arises are always taken by the Director of Public Prosecutions because that reflects the seriousness, care and attention given to such cases, and quite rightly so.

[Lord Sharpe of Epsom (Con)]

My Lords, to pick up on the point made by the noble Lord, Lord Hogan-Howe, during yesterday’s debate he and the noble Lord, Lord Carter of Haslemere, made valuable points. The contention is that armed officers do not go out with the intent to kill; they go out with the intent to protect the public. Intent is an integral part of any murder charge, but by the nature of their jobs police officers are forced to make split-second decisions in reacting to circumstances. Will the Minister commit to looking at the laws in this area in order to protect officers and perhaps, as the noble Lord, Lord Carter, noted, to introducing defences similar to those available to house- holders when using force to defend themselves?

[Lord Hermer (Lab)]

My Lords, it is not the intention to review the law of homicide. It is the intention that the director will review the guidance that is given to prosecutors when considering whether or not it is appropriate to bring charges in such circumstances. Prosecutors will do that in accordance with the code; it is the guidance for that code that is going to be reviewed.

[Lord Mackenzie of Framwellgate (Non-Afl)]

My Lords, can the Minister give some context to this by providing us with figures for the last five years on how often firearms drawn by police officers in anger are discharged? How often does that result in injury or death to the victim?

[Lord Hermer (Lab)]

My Lords, it speaks to the enormous bravery of firearms officers and the skill with which they discharge their duties that such instances are very rare indeed. We should all, as I said before, be thankful to those officers for that care and skill, and for their levels of professionalism. I am afraid that I do not have the precise figures to hand, but I will write this afternoon to the noble Lord to provide him with those figures.

[Lord Carter of Haslemere (CB)]

My Lords, building on the points that my noble friends have made, I wonder whether it is time to ask whether the guidance to prosecutors is really sufficient in this area. As the noble Lord, Lord Hogan-Howe, said, in 2013 householders were given a special defence when they use force in the home where they honestly believe that the degree of force used is reasonable. Is it not time to ask whether police officers should be given some similar legal protection, perhaps with a new offence of excessive force rather than murder, and a more proportionate penalty, appropriate for police officers who put their lives at risk to protect us all?

[Lord Hermer (Lab)]

I urge your Lordships to look at the comprehensive package of measures that the Home Secretary announced last week, which seek to take away the tension that may be thought to exist currently between, on the one hand, a lack of trust and confidence within some communities in policing but, on the other hand, a lack of confidence in those police officers in going about their daily duties. These packages of measures seek to show that there need be no tension between those two legitimate principles.

[Baroness Jones of Moulsecoomb (GP)]

My Lords, it is all very well to say that there should not be any tension but, in fact, of course there is. One of the problems we have is that firearms on British streets are very rare. That is why a shooting has such a huge shock value to a lot of us. As the Minister has said, certain communities feel that they bear the brunt of police shootings, violence and, quite often, persecution. Does the Minister agree that transparency is vital? It should not look as though the whole system is closing off against those communities.

[Lord Hermer (Lab)]

I entirely agree. We will see from the package of measures that many of them address the concerns that the noble Baroness has raised.

[Lord Hogan-Howe (CB)]

My Lords, the Minister made a very good point, which is that we all ought to consider the package that is offered in the round. It is a comprehensive package, and not just about police firearms officers, but surely the group whom we have to consider are the firearms officers and what their view of it is. There are only about 3,000 of them in the 67 million of us. The military do not want to take on that responsibility and we have very few other options. Their representations really need to be taken seriously because should they change their minds about volunteering, we will all have a problem.

[Lord Hermer (Lab)]

I agree. Any consultation will need to take account of all relevant stakeholders. When it comes to the use of firearms, that will most certainly include the views of firearms officers.