This acquitted Portsmouth police pursuit driver’s prosecution sparked seven-year campaign to change dangerous driving law

YEARS before moped thugs terrorising London’s streets put the capital’s police pursuit drivers under intense scrutiny a 35-year-old Portsmouth traffic officer was sitting in the dock accused of dangerous driving.
PC James Holden after leaving Guildford court.PC James Holden after leaving Guildford court.
PC James Holden after leaving Guildford court.

Patrolling in a high-powered police BMW PC James Holden chased a van stolen in a burglary after he spotted the Renault Kangoo minivan going through the McDonald’s drive-through at The Pompey Centre in February 2011.

Despite the thief being caught - and handed a four-year jail sentenced - PC Holden, an advanced driver based at Fratton police station, found himself prosecuted for dangerous driving.

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The pursuit had gone through Rodney Road, Goldsmith Avenue, London Road, the A3, Northern Road and Cosham High Street before the thief crashed through level crossing barriers at the station. The offender, then 19, was picked up by officers on foot.

PC Holden was acquitted by a jury in 2012 but the experienced roads policing unit officer later told of the ‘mental anguish’ at being prosecuted for doing his job.

Supported by the Police Federation - the officers’ representative body - they took up the cudgel with government, politicians and officials.

Demands were made to change the law to better protect emergency 999 drivers - who are currently treated the same as all other drivers in considerations for prosecutions.

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Then chair of Hampshire Police Federation, John Apter, who now chairs the Police Federation of England and Wales, told The News: ‘Police officers are not above the law but when they do what they have been trained to do and that then results in them being charged with dangerous driving, then something, somewhere, has failed.’

Yesterday plans to change the law around police chases moved a step closer after years of campaigning since PC Holden was prosecuted. Mr Apter yesterday said the case kick-started the long campaign seven years ago.

It has been bolstered by recent fears over current rules could be undermining efforts to stop moped gangs.

The Home Office carried out a public consultation on proposals to introduce a new legal test for police officers facing possible criminal charges after a high speed chase.

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It would mean that the officer's expert training as a response driver would be taken into account if prosecution were being considered after a pursuit.

Currently, all emergency services drivers are exempt from speed limit, traffic light and sign violations when undertaking a 999 response.

But the same legal test for careless and dangerous driving offences is applied to police officers and the general public.

Mr Apter said: ‘Today’s ministerial statement, which gives unequivocal support for a change in the law which will bring greater protection to police drivers is something we’ve been campaigning for for several years.

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‘This campaign started following the procession of Hampshire roads policing officer PC James Holden who was previously prosecuted but who was later acquitted.

‘This highlighted the vulnerability of police drivers and indeed all emergency drivers face and the campaign started following James’ trial.

‘Over seven years we’ve been campaigning both locally and nationally, and I’m pleased the home secretary has listened and acted.

‘We now need this to be made into law. I’m sure with the home secretary’s support this will happen.

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‘I’ve spoken with James and he’s relieved that after such a long campaign something positive appears to be finally happening.’

Current Hampshire Police Federation chairman Alex Charge added: ‘For me it’s fantastic to recognise the skills and professionalism of police drivers and the fact there’s a difference.

‘It’s come through a lot of work through the Federation speaking to government and politicians. I think it will be a real success if it can be officially signed up.’

The changes, which the Home Office said were backed by the ‘overwhelming majority’ of respondents to its consultation will aim to:

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:: Introduce a new legal test so that an officer's driving is compared to that of a competent and careful police driver with the same level of training performing the same role, rather than a member of the public;

:: Apply to all police officers trained to response driver level as well as advance driver level, therefore covering those pursuing criminals and also emergency police responders;

:: the various emergency service exemptions to traffic law will be reviewed;

Home secretary Sajid Javid said: ‘It's vital police officers feel confident and protected when pursuing suspects on the roads or responding to an emergency.

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‘It's also crucial that we send a clear message that criminals - whether in cars or on mopeds - cannot escape arrest simply by driving recklessly.’

Hampshire’s assistant police and crime commissioner Enzo Riglia said: “The police and crime commissioner has always held the firm belief that officers involved in pursuits should not find themselves at permanent risk of potential prosecution.

‘The new legal test will ensure that the specialist training that police response drivers receive will be taken into account, which will give officers the confidence to do what is necessary to keep people safer and enable effective operational policing.’