CPS issues ‘heroic acts’ guidelines for officers

New guidance designed to protect officers who carry out “heroic acts” without having regard to their own safety has been issued by the Crown Prosecution Service (CPS).

The guidance, which was published on April 7, will mean officers are trusted to make the right judgements and remove obstacles to allow them to carry out their duties more freely, as long as no-one else is put at risk.

Policing Minister Nick Herbert said: “For too long, police officers have been held back in performing the very basics of the important job they do – fighting crime and keeping us safe.

“We are determined to do all we can to remove the obstacles that get in the way and give officers more discretion to make decisions affecting their work.

“This new guidance marks the end of a culture where nonsensical health and safety rules stop police officers acting in the best interest of the public and sends a clear, long-overdue message to police officers that they are trusted to make the right judgements.”

The CPS recognised that, in performing a heroic act, police officers may breach section 7 of the Health and Safety at Work Act 1974 (HSWA) in that they failed to take reasonable care of their own safety. In those circumstances, and where the safety of others is not put at risk, public interest would not be served by taking forward a prosecution under section 7 of the Act.

In recent years, a number of controversial cases received media attention including the case of ten-year-old Jordan Lyon, who drowned in a pond in 2007 after rescuing his younger sister.
In that particular incident, it was alleged that police community support officers stood by because they had not carried out the necessary “water rescue” health and safety training.

Concerns were raised over the threat of prosecution under health and safety laws meaning actions which officers could take became restricted. However, the new CPS guidance is expected to remove such barriers.

The CPS said that unlike in other health and safety offences, there is no issue of “reasonable practicability” and no reverse burden of proof under Section 40 HSWA in respect of Section 7 HSWA offences.

The prosecution must prove beyond reasonable doubt that the acts of the individual were such they amount to the person not taking “reasonable care” for the health and safety of himself or others. In the exceptional circumstances under consideration, a police officer or firefighter may act in a way which shows a considerable disregard for their own safety.

However, this will not in itself mean that the individual has not taken reasonable care for their safety as what is reasonable will depend on all the circumstances including why the individual acted in the way that they did.

Arwel Jones, CPS senior policy adviser, added: “The purpose of this guidance is to clarify whether a police officer or a fighfighter could face a prosecution if, in the course of their duty, they put their lives in danger; for example while trying to save another.”