Officers “vulnerable to prosecution for dangerous driving”

POLICE officers involved in high-speed pursuits are being left vulnerable to prosecution for dangerous driving, Essex Police Federation has warned.

Concerns were raised following the case of PC James Holden, from Hampshire Police, who was prosecuted for dangerous driving while following a suspect. He was cleared in February last year, but the case was said to herald a new and disturbing approach to police pursuits by the Crown Prosecution Service.

While an officer has certain exemptions under the Road Traffic Act 1988, it appears there is no exemption from dangerous driving. Driving at speed and running through red traffic signals could all amount to dangerous driving, even if drivers are acting to protect the public and have an advanced driving qualification.

“Officers may be just as liable to prosecution as the driver they are pursuing,” said Andy Hastings, Essex Police Federation’s conduct secretary. “It may be that the person they are pursuing has committed a serious criminal offence and the officer feels it is his duty to pursue at speed. But he must bear in mind that in doing so he is putting himself in the line of prosecution.”

The fact that an officer has had advanced training and a higher capability vehicle will not be taken into consideration in court, he warned. Mr Hastings acknowledged that this might result in some officers choosing to give up on a pursuit.

The national Police Federation is seeking an amendment to legislation that would take into account the specialist training and skills acquired in order to undertake emergency response driving, including high-speed pursuits.

The Federation’s Roads Policing Conference heard earlier this year that officers are being more cautious when responding to emergencies because the law still leaves them in a vulnerable position to be prosecuted.

“Police officers need to be protected for the role they play, as long as their driving is reasonable, proportionate and justified under the circumstances,” said Alan Jones, the now-retired roads policing lead for the Federation.

Andy Holt, ACPO lead on pursuits and deputy chief constable of South Yorkshire Police, has given his unquestionable support and understanding of the predicament in which officers find themselves.

He has said that he will do all he can to ensure officers were allowed to do their job without fear of prosecution for doing what they