Crime and Policing Bill

Debate between Baroness Doocey and Lord Jackson of Peterborough

Committee stage
Tuesday 20th January 2026 Lords Chamber

[Lord Jackson of Peterborough (Con)]

My Lords, forgive me, if I can beg your indulgence. In order for there not to be any confusion, I neglected to advise the Committee that my brother is a serving Metropolitan Police officer. I should have mentioned that earlier.

[Baroness Doocey (LD)]

My Lords, these three amendments raise a difficult but important question: how should the law treat the use of lethal force by authorised firearms officers so as to protect both the public and those officers who act in good faith in dangerous situations?

Amendment 422 would make it clear in the Police (Conduct) Regulations that when an officer uses force based on a mistaken belief, that belief must be both honestly held and objectively reasonable. This reflects the Supreme Court’s decision in W80 and would give bereaved families, and communities that often feel over-policed, greater clarity and confidence in the system.

Amendment 423A would update Section 76 of the 2008 Act so that force used by an authorised firearms officer could never be treated as reasonable if it was grossly disproportionate to the situation as they saw it. That would set a clear upper limit on what can count as lawful force, drawing a boundary beyond which self-defence cannot reach, however real the threat appears.

From these Benches, we understand the intentions behind both amendments: the first writes the W80 test into disciplinary rules; the second provides clearer statutory guidance in firearms cases.

Amendment 423 goes further. It proposes that if an authorised firearms officer kills someone while acting under an honest but mistaken belief that the force used was necessary and reasonable, the conviction should be manslaughter rather than murder. We are concerned that this would, in effect, create a special route from murder to manslaughter for authorised firearms officers, one not available to others who also face life-and-death decisions.

When police use potentially unlawful lethal force, there must be full investigation, prosecution where appropriate, and robust disciplinary proceedings. The central question, then, is whether these amendments strike the right balance between public accountability and fair protection for officers who must make split-second decisions in life-threatening situations.