Car failed to stop for police prior to collision with pedestrians - Greater Manchester Police, February 2022

The IOPC recommends that the National Police Chiefs’ Council (NPCC) and College of Policing review the current Roads Policing and Post-Incident Procedure Authorised Professional Practice guidance to include that preliminary tests must be required from police drivers under s6-6D Road Traffic Act 1988 where the power to require them arises under s6(5). This follows an IOPC investigation where we identified that the police pursuit driver involved did not undergo preliminary tests after the pursued vehicle had crashed with two pedestrians. Where an accident occurs owing to the presence of a motor vehicle on a road or other public place s6-6D of the Road Traffic Act 1988 permit constables to require preliminary tests for alcohol, drugs and/or impairment. There is no need for the police vehicle to have been physically involved in the accident for, as a matter of law, it to have occurred due to the police vehicles presence on the road. There is currently no national position from the NPCC or the College of Policing as to whether breath testing must be carried out in such cases.  Road Traffic Fatalities involving police vehicles are a major cause of deaths arising from police contact [Annual deaths during or following police contact - Data tables (ODS format) - 2020-21]. The investigation has found that forces across England and Wales have different local positions on whether they require preliminary tests in these circumstances, resulting in inconsistency in practice. Failure to require tests where the power to required them arises may undermine public confidence in the impartiality of investigations in such cases. A national position would aim to remove these inconsistencies and increase public confidence in the investigation process. No response received.

Awaiting response