CPS Guidance: Intentional Police Shootings

Debate between Lord Thomas of Gresford and Lord Hermer

Tuesday 29th October 2024 Lords Chamber

[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.