There’s a disturbing article on the front page of today’s Sunday Times (£) which reports that David Cameron is going to make it easier for Police using firearms to avoid prosecution.
The prime minister stepped in after police chiefs warned that the fight against terrorism is being compromised because firearms officers risk prosecution if they pull the trigger.
Cameron ordered a review of the law after a national security council meeting last week at which police chiefs demanded greater political and legal backing for those charged with protecting the public from a Paris-style massacre in Britain.
Senior government sources say the prime minister is prepared to change the law in the new year to make it harder to drag police officers through the courts if they shoot to kill.
The thing is, I’m not aware of Police being dragged through the courts for firearms offences at all. If that were happening, it might be necessary. Police are rarely prosecuted for things that they do on duty as it is.
I would expect every officer who is authorised to use firearms to be accountable for their actions. If they do something that merits prosecution, and, to be honest, the law already is quite lax on that point, then they should be prosecuted. Here are the current legal parameters, again from that Sunday Times article:
The Criminal Law Act 1967 allows police to use “reasonable” force, while the Criminal Justice and Immigration Act 2008 says police involved in shooting incidents can use the defence that they had an “honest and instinctive” belief that opening fire was reasonable.
What worries me is that any perceived slackening of the rules may well lead to mistakes and that the greatest risk would be borne by a very small section of the population who might find themselves caught up in a situation and find themselves injured or worse.
It’s also noticeable that Cameron is looking to extend the power to all situations, not just terrorism. That does not strike me as proportionate.
Tim Farron has made some sensible comments on this today:
It is vital communities have complete confidence in their police. That means nobody should be above the law, including armed officers.
The police do one of the hardest jobs there is and they must feel protected.
But this needs to reviewed in a calm and collected manner and not in a knee-jerk response to terror attacks.
The Scottish Police Federation has been trying to ramp up pressure on the SNP to accept the inevitability of more armed police on routine duties which, again, seems highly disproportionate.
Those of us who believe in a more liberal approach have our work cut out for us. On the basis of no evidence, Police want more power. I am unconvinced that they either need or should have it.
* Caron Lindsay is Editor of Liberal Democrat Voice and blogs at Caron's Musings
