Police Accountability

Debate between Viscount Hailsham and Lord Hanson of Flint

Monday 28th October 2024 Lords Chamber

[Viscount Hailsham (Con)]

My Lords, does the noble Lord agree that, given the very difficult circumstances in which armed police have to operate, those who make the decision to prosecute should do so only when the evidence of illegality is very robust, and that such decisions should not be made simply and solely to address expressions of concern, however aggrieved and distressed those expressions may be?

[Lord Hanson of Flint (Lab)]

It is important that there are grounds for the police to recommend to the CPS and for the CPS to take action on prosecution. That could happen in any number of circumstances. In the circumstances that generated this Statement, the decision to take forward the prosecution was taken by the CPS and others. The court considered it and agreed that the police officer should be acquitted. That is a perfectly legitimate decision.

We have tried to put in a mechanism whereby there is a higher threshold for prosecution of police officers than there is currently, in line with what would happen to ordinary citizens involved in that type of activity elsewhere. That is right and proper, but we have also commissioned the wider review led by Tim Godwin and Sir Adrian Fulford, who will look at the legal test for the use of force and the threshold for determining the short-form conclusion of an unlawful killing in inquests. It is important that we rebalance slightly because, on reflection, that rebalancing is needed.