UK – From motorcycle enable crime to motorcycle theft – bike jacking – acid attacks to anti-social behaviour – illegal riding – to on the ground policing. One of the issues that has galled riders and has been perpetuated by the press, is that the police will not chase a suspected stolen motorcycle if the rider or pillion remove their helmets.
Police officers have faced internal investigation and faced prosecution, not just regarding motorcycle pursuits nor just un-helmeted pursuits – that have either ended in death or injury or not – to the suspect/s being chased and stopped.
The Police Federation of England and Wales who represent almost 123,000 rank and file officers has been campaigning for over seven years for police drivers trained to engage in pursuit and response that exposes them to prosecution. This is merely for doing the job the public expect of them. Finally, they are now afforded better protection.
Slowly, Slowly, Legislation Solves the Problem
The Police Federation has stated, “Under current law, the same legal test for careless and dangerous driving offences is applied to police officers and the general public. Police have expressed concern that officers have to rely on Crown Prosecution Service (CPS) discretion to avoid prosecution and face lengthy Independent Office for Police Conduct (IOPC) investigations and suspension from duty, only to be cleared eventually.”
In June last year, fresh guidance was issued by the Police Federation to forces in England and Wales, reminding police drivers to, “ensure that their driving remains within the law.”
The Police Federation comment that the guidance was issued, as there was a wait for legislative changes, stating that it, “Does not tell drivers not to engage in emergency drives, but reminds them of the risks they may be taking.” Hardly confidence inspiring, not the fault of the Police Federation, for police drivers or the public each either expected to do a job or expecting a job to be done.
Also, in 2017 Policing Minister Nick Hurd outlined a review launched in September. The then Home Secretary Amber Rudd told the NPCC (National Police Chief’s Council) which brings police forces in the UK together, to help policing coordinate operations, reform and improve in November, “We’re reviewing the law and practice regarding police pursuits. We want to make sure officers feel they have the legal protection they need to go after moped and scooter gangs.”
Campaigning for the appropriate legislative change the Police Federation was supported by senior backbench MP, Sir Henry Bellingham, who introduced, “His Emergency Response Drivers (Protections) Ten Minute Rule Bill in Parliament on 20 December 2017. The Bill was accepted with cross party sponsors and no dissent.”
However, the bill’s second reading in Parliament which was scheduled for March was objected to. We believe, to allow the government review to report its findings, the bill’s second reading is now provisionally scheduled to take place on Friday 6 July 2018.
How the Government’s review of the legislation, guidance and practice surrounding the police’s pursuit of suspected criminals has concluded, the Home Office has announced, “That a consultation will be launched on proposed changes to the law around police pursuits. This includes making clear in legislation that a suspect is responsible for their own decision to drive dangerously and amending the law for careless and dangerous driving offences to recognise a police officer’s level of training and skill. The changes are aimed at tackling moped crime and giving police more confidence.”
Police Pursuits Consultation
Basically, the Government’s intention subject to the consultation outcome The Law, Guidance and Training Governing Police Pursuits–Current Position and Proposals for Change will see comprehensive road safety legislation brought forward as soon as Parliamentary time allows.
The consultation is open until 13 August 2018, we don’t know where the Emergency Response Drivers (Protections) Ten Minute Rule Bill fits, or if its second reading will go ahead as the ins and outs of parliamentary procedure and law making is a myriad of procedure.
One interpretation might be that the ongoing campaigning, with the newspaper headlines of rampaging two wheeled gangs, the cross-party acceptance of the ten-minute rule bill, all prompted the review the consultation which would see changes introduced into current legislation rather than a separate bill outside the scope of fitting into the current legislation.
One might also say that the consultation was announced as the Police Federation Conference took place was specifically timed as Home Secretary Sajid Javid attends and faces the Federation Conference.
The Police Federations Pursuits lead Tim Rogers stated that, “The development is a move in the right direction. But I stress this is a cautious welcome. This has been an issue we have been campaigning on now for seven years, and although it is a positive step that the Government have finally agreed that a legislation change is required, they must now act quickly to prevent more officers suffering unnecessary and often mendacious prosecutions.”
The consultation does not just affect the police but all the emergency services as, “They need to respond swiftly to emergency situations every day.” While the consultation relates primarily or exclusively to England and Wales, the Home Office states in the consultation that it will, “Continue to work closely with the Scottish Government, Police Scotland and the other relevant agencies in Scotland to determine whether the reforms set out in this document, if taken forward, should apply across Great Britain or in England and Wales only.” Northern Ireland being a separate issue as always.
Smashing The Myth
The Government says that the consultation aims to smash the myth that officers cannot pursue riders who are not wearing helmets. The government will also make clear in law that a suspect is responsible for their own decision to drive dangerously and that blame should not be attached to the pursuing officer.
In the consultation foreword the Nick Hurd the Minister of State for Policing and the Fire Service states, “People must be able to go about their daily lives without fear of harassment or attack and criminals must not think they can get away with a crime by riding or driving in a certain way or on a certain type of vehicle. It is clearly vital that we protect public safety and, while police officers must be accountable for their actions, it is also important that skilled officers have the confidence to protect the public by pursuing offenders where it is safe to do so.”
The consultation goes on to outline and specifically mention:
“Reports about motorcycle-related crime, particularly in Greater London, have seen questions asked about the general position on pursuing motorcycles, as well as the specific issues arising where the rider is not wearing a crash helmet.
We have seen how criminals’ perception of well-intentioned local guidance around pursuing motorcycle riders not wearing crash helmets has contributed to an increase in motorcycle-related crime, particularly in London.
We are minded to legislate to make clear that the police are not responsible for the standard of driving of a suspect being pursued.”
The BMF (British Motorcyclists Federation) have welcomed the proposed changes their Chairman Jim Freeman said, “We are in favour of the changes. The ‘no pursuit if it’s too dangerous’ policy, whereby any rider or passenger could prevent a hot pursuit by simply removing their helmet, while engaged in criminal activity, particularly bike theft, has long been a contentious issue for law-abiding citizens who ride bikes.”
While the Government say that these proposed changes to the law will also send a clear message that criminals cannot escape arrest simply by driving recklessly continuing work to stop specifically motorcycle theft, related crime and anti-social behaviour needs to continue.
As theft goes on and pursuits do happen as outlined recently by the Metropolitan Police, “Two moped thieves have been arrested after a dramatic chase and a combined effort by officers on the ground and in the air working together (…) the use of a stinger was authorised by the Met’s control command centre (…). They were next spotted by the police helicopter NPAS using an angle grinder to try to steal motorbikes from a parking bay (…) Their reckless behaviour while attempting to escape from police could easily have led to serious injury to someone (…). Moped crime is a priority in the MPS and day in day out traffic officers from my command as well as other units across the Met are relentlessly pursuing offenders with the aim of bringing them to justice.”
Yes, riders still need to lock and layer their security and be aware of bike jacking when riding to protect themselves and their personal belongs. But when the crime is committed or suspected to about to take place with the police on the ground and those involved fail to stop, the police can get on with the job in hand protected by legislation!
Comments to the consultation must be received by 12:00 on Monday 13 August 2018 your opportunity if you feel strong enough to give your opinion.
Original Sources & Links
GOV.UK – Consultation to give police greater confidence to pursue suspects
Police Federation – A ‘cautious welcome’ for police drivers’ consultation
British Motorcyclists Federation – Police pursuit rules set for reform
Emergency Response Drivers (Protections) Bill 2017-19
Police Federation – Trained police drivers
Metropolitan Police – Two moped thieves arrested following pursuit
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