In light of Supreme Court judges expressing their concern about the ‘unnecessary complexity’ regarding guidance on the use of force by police officers, Solicitor Rubin Italia comments on the calls to ‘recast legislation’ to ensure it is in straightforward terms of law.

Rubin’s comments were published in the The Law Society Gazette, 7 July 2023, and can be found here.

“Calls to ‘recast’ the guidance on the use of force by police officers will likely prove challenging for legislators. As each case turns on its own facts, with issues tending to be extremely case specific, any attempts to develop broad legislation and guidelines must be flexible enough to cater to the intricacies of such cases. There is no ‘one-size fits all’ approach to such proceedings and it is impossible to provide guidelines which are applicable and universal to all situations.

“This case may present an opportunity to redraft the principles which underpin the guidance. Clear and pragmatic instructions would help to ensure that both the police and the public have a strong understanding of the boundaries.”

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