CPS Guidance: Intentional Police Shootings

Lord Jackson of Peterborough Excerpts

Tuesday 29th October 2024 Lords Chamber

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.