Legislation – Police, Crime, Sentencing and Courts Act 2022
PART 1Protection of the police etc
Police driving standards
5Meaning of dangerous driving: constables etc
1
2
In subsection (1), after paragraph (b) insert “But this subsection does not apply where subsection (1B) applies.”
3
After subsection (1) insert—
1A
Subsection (1B) applies where a designated person—
a
is driving for police purposes (subject to subsections (1E) and (1F)), and
b
has undertaken prescribed training.
1B
For the purposes of sections 1, 1A and 2 above, the designated person is to be regarded as driving dangerously if (and, subject to subsection (2) below, only if)—
a
the way the person drives falls far below what would be expected of a competent and careful constable who has undertaken the same prescribed training, and
b
it would be obvious to such a competent and careful constable that driving in that way would be dangerous.
1C
In subsections (1A) and (1B) “designated person” means—
a
a constable,
b
a member of staff appointed by the chief officer of police of a police force in England and Wales,
c
a member of staff appointed by a local policing body and employed to assist a police force in England and Wales,
d
a member of staff appointed by the Scottish Police Authority under section 26(1) of the Police and Fire Reform (Scotland) Act 2012 (asp 8),
e
an employee of the British Transport Police Authority appointed under section 27 of the Railways and Transport Safety Act 2003,
f
a person employed or engaged by—
i
a chief officer of police,
ii
the British Transport Police Authority,
iii
the Civil Nuclear Police Authority,
iv
the chief constable for the Ministry of Defence Police, or
v
the Scottish Police Authority,
to train a person within any of paragraphs (a) to (e) to drive for police purposes,
g
a person employed or engaged by a person within paragraph (f)(i) to (v) to train another person to carry out training of the kind mentioned in that paragraph,
h
a National Crime Agency officer, or
i
a person engaged by the National Crime Agency—
i
to train a National Crime Agency officer to drive for law enforcement purposes, or
ii
to train another person to carry out training of the kind mentioned in sub-paragraph (i).
1D
In subsection (1C)(a) “constable” does not include a port constable within the meaning of section 7 of the Marine Navigation Act 2013 or a person appointed to act as a constable under provision made by virtue of section 16 of the Harbours Act 1964.
1E
In the case of a National Crime Agency officer, the reference in subsection (1A)(a) to driving for police purposes is to be read as a reference to driving for law enforcement purposes.
1F
In the case of a person within paragraph (i) of subsection (1C), the reference in subsection (1A)(a) to driving for police purposes is to be read as a reference to driving for the purpose of the training mentioned in that paragraph.
4
In subsection (3)—
a
after “(1)” insert “, (1B)”
, and
b
after “driver” insert “or constable (as the case may be)”
.
5
The amendments made by this section have effect only in relation to driving occurring after this section comes into force.