Police Accountability

Statement

The following Statement was made in the House of Commons on Wednesday 23 October.

“With permission, Madam Deputy Speaker, I will update the House on Monday’s verdict in the trial of Sergeant Martyn Blake, on the accountability review into police use of force, and on confidence in policing. Chris Kaba was killed in Streatham two years ago. His parents and family of course continue to experience deep grief and distress. A year ago, Sergeant Martyn Blake was charged with murder, and on Monday, the jury returned its verdict and Sergeant Blake was acquitted. It is imperative that the jury’s verdict is respected, and that Sergeant Blake and his family are given the time and space that they will need to recover from what will have been an immensely difficult experience for them during both the investigation and the trial.

For an armed police officer to be prosecuted for actions taken in the course of their duties is very rare, so of course this case has raised considerable concerns for the public and for the police. The decisions made on any individual case, be it by the police, the Independent Office for Police Conduct, the Crown Prosecution Service, the courts or a jury, are rightly independent of the Government, so it would not be right for me to comment further on the details of the case. However, the case has happened against a backdrop of wider and long-standing concerns about accountability, standards and confidence—a backdrop in which police officers and forces have raised long-standing concerns about the way in which the accountability system currently operates, particularly in cases of specialist policing such as firearms and driving, where we ask officers to do incredibly difficult and dangerous jobs to keep us safe, and a backdrop of fallen community confidence in policing and the criminal justice system across the country, with, as the Metropolitan Police Commissioner said this week, lower confidence among black communities.

The British policing model relies on mutual bonds of trust between the public and the police. For our policing model to work, it is essential that the police have the confidence of the communities they serve, and that officers have the confidence that they need to do their vital and often extremely difficult job of keeping us all safe. Too often in recent times, both elements of that confidence have become frayed. The Government have made it a mission to put confidence back into policing.

As part of that work, I want to update the House on new measures that we will take forward in response to the accountability review and following ongoing work to respond to issues raised by the Angiolini and Casey reviews. That will be a package of reforms to rebuild confidence for police officers and for communities, to tackle the unacceptable delays and confusion in the system, and to ensure that the complexity of specialist operations is considered at an early stage and that the highest standards are upheld and maintained.

Twelve months ago, the previous Government launched a review into the accountability systems for police use of force and police driving. The previous Home Secretary set out an interim response in March, which the Labour party supported, and I welcome his work. The review was not completed by the election, and although we have continued to draw on evidence from police and civil society organisations, we were unable to say more publicly in the run-up to the trial, so today I will update the House.

The accountability review found that the current system for holding police officers to account is not commanding the confidence of either the public or the police. Accountability and misconduct proceedings are too often plagued by delays stretching for years, which is damaging for complainants, police officers and police forces alike. The system has become more complex, with confusion over multiple thresholds for different investigations, and a lack of clarity, especially on specialist capabilities.

There are also wider concerns about the misconduct system. The focus when things go wrong can end up being entirely on the decisions of the individual officer, so system failings such as poor training, unmanageable caseloads or wider force practices are not sufficiently considered or followed up, meaning that too little changes. At the same time, as we saw following the Casey and Angiolini reviews, in cases where someone is not fit to be a police officer, it is too hard for forces to remove them, and communities feel that no one is held to account. The public must be able to expect that when officers exceed the lawful use of their powers or fail to meet proper standards, there will be rapid and robust processes in place to hold them to account. Police officers who act with integrity and bravery to keep us safe each day need to know they have strong public support. If officers lack the confidence to use their powers, following their training and the law, public safety is put at risk.

Let me turn to the policy measures. First, we will take forward the three measures proposed by the previous Government in March to strengthen and speed up the system. We will align the threshold for the referral of police officers from the Independent Office for Police Conduct to the Crown Prosecution Service to that used by the police when referring cases involving members of the public. Currently the threshold is lower for police officers—that is not justified. We will allow the IOPC to send cases to the CPS where there is sufficient evidence to do so, instead of having to wait for a final investigation report. And we will also put the IOPC victims’ right-to-review policy on a statutory footing to ensure that there is an appeal mechanism for bereaved families when a decision is made not to seek a charging decision.

Then we will go further. When officers act in the most dangerous situations on behalf of the state, it is vital that those officers and their families are not put in further danger during any subsequent legal proceedings. We will therefore introduce a presumption of anonymity for firearms officers subject to criminal trial following a police shooting in the course of their professional duties, up to the point of conviction. We will also ensure that the highly specialist nature of particular policing tactics and tools is reflected in relevant investigative guidance. That includes ensuring that in investigations of police-driving incidents, evidence from subject-matter experts and in-car video footage is considered at the earliest possible opportunity, and, more widely, that an officer’s compliance with their training and guidance is appropriately taken into account in investigative decision-making.

I also have established a rapid review of two specific areas where recent legal judgments have meant that we now have different thresholds for criminal, misconduct and inquest investigations, adding complexity, confusion and delay to the system. In particular, that review will consider the legal test for use of force in misconduct proceedings, and the threshold for determining short-form findings of unlawful killing in inquests. The independent review will be conducted by Tim Godwin and Sir Adrian Fulford, and will report jointly to me and the Lord Chancellor by the end of January.

I have asked for further work to be done on timeliness, standards and misconduct procedures as part of our wider policing reforms. My right honourable Friend the Attorney-General has invited the Director of Public Prosecutions to examine the CPS guidance and processes in relation to charging police officers for offences committed in the course of their duties. Following calls from civil society organisations, we will ask the College of Policing to establish a national ‘lessons learned’ database for deaths or serious injuries arising from police contact or police pursuits, so that when tragic incidents occur, there is a responsibility to ensure that lessons are incorporated into the development of police training and guidance, and to prevent the repetition of such events.

To rebuild public confidence in the wider standards regime for policing, we also need to ensure that there is faster progress in responding to the findings of the Angiolini and Casey reviews on vetting and standards. We will therefore take forward in this parliamentary Session previously agreed proposals to ensure that officers convicted of certain criminal offences are automatically found to have committed gross misconduct; to create a presumption of dismissal where gross misconduct is found; and to change regulations to enable chief constables to promptly dismiss officers who fail their vetting—there has been a glaring gap in the system there for far too long. We will go further to ensure that standards are upheld: we will ensure that there is a statutory underpinning for national vetting standards, and strengthen requirements relating to the suspension of officers under investigation for domestic abuse or sexual offences.

Finally, we need wider measures to restore confidence in policing and the criminal justice system across all communities. That must include further work to take forward the Met’s London race action plan, on which action has already been taken, though the Met commissioner and the Mayor for London have made it clear that there is much more work to do. We need progress from the National Police Chiefs’ Council on the national police race action plan. The Government are also determined to take forward further measures, ranging from the introduction of neighbourhood policing to new police force performance standards, to strengthen confidence in policing in every community across the country.

The measures that I have outlined are practical steps to rebuild confidence, tackle delays, provide clarity and ensure that high standards are maintained. For almost 200 years, policing by consent has been the bedrock of British policing. The Government are determined to take the necessary action to strengthen public confidence in the police, and to strengthen the confidence of the police when they are out on the street every day, doing the difficult job of keeping us all safe. Those are the twin goals that we must all work towards. I commend this Statement to the House”.

My Lords, I thank the Minister for this Statement and I join my right honourable friend the shadow Home Secretary in welcoming its contents. It is true that, for the British consent-based policing model to work, the trust must be mutual. The people must trust the police and the police must trust the system in order to perform their duties effectively. But too often lately both sides have been let down.

I therefore welcome that this Government are continuing the work of the previous Government on accountability. I particularly welcome the work of Dame Elish Angiolini on police culture; having worked with her, I have no doubt at all that her final report will make very sensible recommendations. I am also pleased that previously agreed measures to ensure that officers convicted of certain criminal offences are automatically found to have committed gross misconduct, and the empowering of chief constables to dismiss them, will be beefed up and taken forward. On these Benches we welcome these moves.

However, we are here because of the acquittal of Sergeant Martyn Blake in his trial for the murder of Chris Kaba. This raises several questions, which I would like to put to the Minister. First, I welcome that in future there will be a presumption of anonymity for accused officers. I can only imagine the struggles that Sergeant Blake and his family have been through, and they are still probably living in fear. It was appalling to read that Mr Kaba’s alleged gang associates had put a bounty on Sergeant Blake’s head. Could the Minister update the House on whether there are police investigations to find those responsible for this threat to Sergeant Blake’s life?

I also welcome that reviews will be held of the thresholds for criminal misconduct and inquest investigations, which, as the Statement notes, add

“complexity, confusion and delay to the system”.