The Supreme Court has today dismissed an appeal brought by a Met firearms officer known as W80 after the Independent Office for Police Conduct determined he should face misconduct proceedings for the fatal shooting of Jermaine Baker.
Commander Fiona Mallon, for armed policing, said: “Our thoughts remain with Mr Baker’s family and all affected by this case.
“The Met has offered every support to W80, his family and wider colleagues throughout this matter and we continue to do so. I don’t underestimate the impact upon them all.
“Today’s judgment has implications for use of force by all police officers and we will need time to consider the detail with policing colleagues nationally. This will include carefully considering the legislation, guidance and training currently in place for police officers.
“The judgment does not alter the fact we have firearms officers on the streets of London every day tackling dangerous criminals and working to keep the public safe. They have our full support.”
W80 shot Mr Baker in Wood Green in December 2015 during a planned intelligence-led police operation to stop an organised criminal gang breaking a dangerous criminal, convicted of firearms offences, out of prison.
An imitation firearm was recovered from the rear footwell behind the driver’s seat of the car used by the suspects. Those who took part in that plot, who were with Mr Baker that morning, were sentenced to more than 30 years in prison in June 2016.
The incident was subject to an independent investigation by the IOPC. The IOPC investigator’s opinion was that W80 had a case to answer for gross misconduct. The Met disagreed with the IOPC’s subsequent recommendation that W80 should face misconduct proceedings. The IOPC then directed the Met to hold a misconduct hearing.
W80 challenged the IOPC’s direction by way of judicial review through the courts, on the basis that the IOPC had applied the wrong legal test for self-defence. W80’s appeal, which the Met supported, was heard by the Supreme Court in March.
The appeal has now been dismissed. The Supreme Court has determined that the civil law test for self-defence applies in police disciplinary proceedings for use of force. The court has published its judgment here https://www.supremecourt.uk/cases/uksc-2020-0208.html
We will liaise with the IOPC to determine next steps for W80 and the holding of any misconduct hearing.
In June 2017 the CPS decided there was insufficient evidence to bring any criminal proceedings against W80.
A public inquiry report in July 2022 determined that Mr Baker was lawfully killed. While it criticised how the policing operation was planned and carried out, the inquiry concluded these failures did not cause Mr Baker’s death and it was reasonable in the circumstances to assume that someone in the vehicle would be armed with a real firearm.
