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Supreme Court considers test for police use of force in misconduct proceedings

Published:

The Supreme Court is currently hearing argument in the case of R (Officer W80) v Director General of the Independent Office for Police Conduct and Others. The appeal concerns whether, in police misconduct proceedings, it is open to a disciplinary panel to make a finding of misconduct if an officer’s honest, but mistaken, belief that the threat justifying the use of force is found to be unreasonable.

The Supreme Court case summary can be found here.

Tim Owen KC and Michelle Butler act for the First Respondent, the Director General of the Independent Office for Police Conduct.

Phillippa Kaufmann KC acts for the Second Respondent, instructed by Michael Oswald of Bhatt Murphy.

Jesse Nicholls acts for two intervenors in the appeal, INQUEST and StopWatch, led by Adam Straw KC and instructed by Daniel Machover of Hickman & Rose.