Operational partnerships - Vehicles which fail to stop for the police policy (R06)

1. Summary of changes

1.1. This policy has been reviewed in October 2023 with minor amendments only. 

2. What this policy is about

2.1 This policy details the Kent Police response to vehicles which fail to stop for police and includes Tactical Pursuit and Containment (TPAC).

2.2. It applies to Kent Police officers and Kent Police employees, with particular reference to Basic, Standard and Advanced drivers/Roads Policing/Force Control Room (FCR) Inspectors or Resources/Initial Pursuit Phase (IPP) Drivers/Driver Training/Dog Section/Armed Response Vehicle (ARV) Drivers and Professional Standards Department (PSD) staff.

2.3. It is compliant with National Codes of Practice. Forces are required to be compliant with the principles in their application of National policies, the Authorised Professional Practice (APP) and tactics directory relating to police pursuits. 

Compliance with this policy and any linked procedures is mandatory.

3. Statement of policy

3.1 It is recognised that on occasions Kent Police officers may be required to pursue a vehicle, and as a result we train some of our officers in Tactical Pursuit and Containment (TPAC). It is our aim to achieve an early and safe resolution of a pursuit which leads to the apprehension of offenders and prevention of crime. This will require teamwork from all staff involved (who must be trained and authorised) and recognition that there may be instances where it may be better to terminate a pursuit on the grounds of public safety. 

3.2. It is important that each pursuit is considered individually, according to the developing circumstances, with decisions being made on the basis of the changing information available at the time. It is recognised that police pursuits represent a potentially high risk activity for all parties involved. However, this must be balanced against the need to apprehend offenders and prevent crime. To this end, a Dynamic Risk Assessment (DRA) process is built into this policy to ensure that those who pose a risk to public safety are apprehended as safely and quickly as possible in the circumstances. DRAs must identify all risk factors, with particular reference to the pursuit criteria.

3.3. Pursuit prevention

Pursuit activity and use of pursuit tactics are likely to place members of the public and police officers under a significant degree of risk. Wherever possible, trying to prevent a pursuit from taking place must be a primary consideration.

Officers authorised in pursuit together with Force Incident Managers (FIMs) must give due regard to the purpose and justification of actions and decisions during a pursuit. The key consideration is to ask whether a pursuit is necessary, balanced against threat, risk and harm for which the subject driver is being (or about to be) pursued.

If the decision is made to engage in a pursuit because it is in the public interest to protect life, prevent or detect crime, or to apprehend an offender(s), then it must be conducted with proportionality and due regard for the circumstances. It is important that the risks, topography and continuing surroundings are calculated to justify legitimacy of actions. Officers should not place undue pressure on themselves or risk public safety beyond their capabilities or those of the vehicle they are driving.

To mitigate risk of engaging in, or continuing, a pursuit, officers and FIMs must continually ask themselves:

• what is the nature of incident or circumstances to which I am now responding or authorising a pursuit response?
• is a pursuit a proportionate action?
• do my actions, purpose and objective to stop or prevent further or continuing criminal actions justify the potential risks to life or property?
• do I have reasonable information or intelligence to indicate that using alternative tactics is preferable to a pursuit?
• can I plan a different strategy to apprehend the subject driver in the future which is unlikely to compromise evidential requirements?
• can resources and tactics be used in alternative, preventive ways, to avoid a pursuit taking place? 

Before engaging in, or authorising a pursuit, officers and FIMs must be familiar with pursuit considerations. 

3.4. The Counter Terrorism and Security Act 2015 places a duty upon specified authorities (which includes the police) to ensure that their functions are discharged having due regard to the need to prevent people being drawn into terrorism. The contact which all officers and staff have with members of the public provides them with opportunities to identify concerns and trigger the appropriate Prevent response to ensure their protection. It is essential that officers and staff understand the issues of radicalisation, are able to identify why people may be vulnerable to being drawn into terrorism as a consequence of it and how to obtain support for people who may be being exploited by radicalising influences (details are contained within the Prevent Duty and the Channel Duty). This policy has been reviewed and assessed that the CTSA duties could be relevant.

4. Implications of the policy

4.1. Finance/staffing/training/other

• finance - is required to equip the Force with suitable vehicles and equipment to safely undertake this activity when required
• staffing - a suitable number of staff should be available to conduct each role required within this policy and SOP
• training - The Force will be required to train a suitable number of people to undertake each role

4.2. Risk assessment

This SOP has been assessed as medium risk.

4.3. Equality Impact Assessment (EIA)

An EIA has been carried out and shows the proposals in this policy would have no potential or actual differential impact on grounds of race, ethnicity, nationality, gender, transgender, disability, age, religion, or belief or sexual orientation.

5. Consultation

5.1. Consultation has taken place via the Strategic Pursuit Management Groups with representation from constable to chief superintendent rank. 

5.2. Corporate consultation was previously undertaken in 2014 with representation from

• Human Resources
• IT Security
• Finance
• Legal
• Health and Safety
• Freedom of Information

6. Monitoring and review

6.1. This policy will be reviewed every two years with the next review taking place in October 2025. 

7. Other source documents

None listed.

8. Security

8.1 Kent Police have measures in place to protect the security of your data in accordance with our Information Management Policy.

9. Retention and disposal of records

9.1. Kent Police will hold data in accordance with our Records Review, Retention and Disposal policy.