Interesting that the judge said that - judges do *not* make the law, surely (that's parliament's job)?, I always thought that Lord Denning said that they interpet it. (For instance, if judges made the law, the mandatory life sentence for murder would not exist).
According to the Torygraph today:
The police, unlike the Army, do not have ''rules of engagement'' that dictate how they should use force. Ultimate responsibility in law for pulling the trigger lies with the individual officer. In broad terms, reflecting human rights legislation, the force used by police must be proportionate to the threat.
Link here (but requires [free] registration) .
I'm sure that Standto, if he wishes, can comment on the accuracy of that. It would appear, though, that the ROE aren't hidden,
per se , but in that rather grey area whereby a decision made in an instant is subjected to much second, third and fourth guessing. In any event, the facts that we have at the moment are pretty confused bar the fact that a man was shot dead.