CPS Guidance: Intentional Police Shootings

Debate between Lord Sharpe of Epsom and Lord Hermer

Tuesday 29th October 2024 Lords Chamber

[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.