CPS Guidance: Intentional Police Shootings

Debate between Lord Hermer and Lord Hogan-Howe

Tuesday 29th October 2024 Lords Chamber

[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.

--- Later in debate ---

[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.