Life and death issue: Back off or step on it?
Review taking hard look at pursuits and if they can ever be justified given risks
The first joint review of police pursuit policy, which aims to better understand the pursuit environment, identify issues and recognise good practice, is not “a rubber-stamping exercise”, says the Minister of Police.
All pursuits notified to the Independent Police Conduct Authority (IPCA) last year, estimated to be 75, would be considered in the review undertaken alongside the police.
It follows the number of fleeingdriver incidents swelling to above 4000 last year.
While Minister of Police Stuart Nash was concerned by the rising number of fatals, calling them a tragedy “absolutely compounded” if innocent bystanders were killed, he said those cases were still rare.
Police signalled for about 3.5 million drivers to stop annually, meaning those who fled equated to roughly 0.1 per cent in terms of driver behaviour, he said.
“The last thing police want to see is people killed on the roads — it doesn’t matter what the circumstances,” Nash said.
“They do abandon a number of pursuits when they think it is not in the best interest of the safety of the community or society in general.”
But the minister backed the way police had been using their discretion.
Two-thirds of members of the Police Association — the police union — believe the status quo strikes the right balance between deterrence and public safety, according to a recent report.
Former head of the Waitemata District serious crash unit Sergeant Stu Kearns said there could be more restraint used in a bid to reduce the number of pursuits. But he said it was an issue that would never be completely solved and police across the world were hard-tasked by those out to take advantage of the rules.
“You will always get the argument, too, from some critics of pursuits, that when the police officer identifies the driver or the licence plate then they should back off, but quite a few of these are stolen vehicles and you will never get the offender.”
Kearns said with age and wisdom often came a good argument that a stolen car was not worth putting lives in danger.
“Nobody likes their car being stolen but it is property crime, not a life-threatening crime, and really does it justify endangering a whole raft of people for a stolen vehicle?
“I have witnessed the carnage and the grief [after a fatal crash] . . . What the public sometimes forgets is that the police are not pursuing with the intention of that outcome.”
If that outcome occurred it could have career-ending psychological impacts.
Kearns said an issue to look at was the driver training provided to young police officers.
“At the end of the day I have been in the situation myself where you want to get the offender at all costs, but sometimes that cost is clouded when you need to consider the safety of public and any staff member that might be in the car with you.”
Kearns said the driving training given to officers joining the force was an area that needed improvement.
Research showed fleeing drivers would still run minutes after the sirens stopped and police ended the chase. They would keep “driving like an idiot” because the adrenaline was pumping and they still felt they would be caught.
A 2009 IPCA report noted research had shown due to the phenomenon commonly known as “red mist”, officers could find it difficult to call off a pursuit once they had engaged, as a state of excitement clouded judgement.
“In addition, physiological factors such as the adrenaline rush associated with ‘fight or flight’ situations may affect officers’ judgment,” the report noted.
NZ Automobile Association general manager of motoring affairs Mike Noon said he was concerned about the growing number of fleeing-driver incidents.
With 2997 in 2015, 3323 in 2016 and 3796 in 2017, the numbers were “going the wrong way”.
An issue that needed to be looked at was the large number of stolen vehicles involved, he said.
Green Party police spokeswoman Golriz Ghahraman said police should better utilise alternatives to pursuits, which she likened to using deadly force. She said it was better to follow up with people further down the line, than try to apprehend a fleeing driver who was driving dangerously.
“It’s not the only way of stopping people.”
Public safety had to come first, she said, emphasising that in many instances these were just traffic violations.
Many fleeing teenagers would be scared of getting caught without a licence, she said.
In a 2010 internal police review, it was noted that staff were expressing frustration regarding the lack of deterrence for drivers who fled from police.
“The same offenders continually come to police attention for failing to stop, many treating it like a game of cat and mouse that ultimately risks the lives of all road users,” the report read.
Nash said while this could be looked at again, he did not believe it was a conversation that needed to happen now.
Road safety advocate Clive Matthew-Wilson said there would always be a need for police pursuits but they should be restricted to genuine emergencies.
“If, say, a child has been kidnapped, obviously the police need to take immediate action,” he said.
“However, FBI studies have shown that it’s often better for the police to pull back and let the offender think he’s got away, then quietly move in later.
“This minimises the risk to the police, the public and the dickhead who’s trying to outrun the police.”
I have been in the situation myself where you want to get the offender at all costs.
Sergeant Stu Kearns