×

Supreme Court hands down judgment in appeal concerning correct test for self-defence in police disciplinary proceedings

Published:

R (on the application of Officer W80) v Director General of the Independent Office for Police Conduct & Ors [2023] UKSC 24 (05 July 2023)

The Supreme Court today dismissed the appeal brought by Metropolitan Police firearms officer W80 which concerned the correct test for self-defence in police disciplinary proceedings in cases involving the alleged excessive use of force. The case arose from W80’s actions in shooting dead Jermaine Baker in the course of an intelligence led firearms operation on 11 December 2015 to arrest a group of individuals believed to be plotting to free a fellow gang member due to appear for sentence in Wood Green Crown Court. The Supreme Court unanimously found that the test to be applied is the civil law test as submitted by the Independent Office for Police Conduct and the family of Mr Baker. The court held that the purpose of maintaining the public’s confidence in the disciplinary process is better served by the application of the civil law test and strongly criticised the complexity of the existing legislative framework governing police disciplinary proceedings which it said should be recast.

Tim Owen KC and Michelle Butler acted for the Respondent – Director General of the Independent Office of Police Conduct, instructed by Independent Office for Police Conduct Legal Services; Phillippa Kaufmann KC acted for the Respondent – Eftehia Demetrio, instructed by Bhatt Murphy Solicitors; Jesse Nicholls acted for the Intervener INQUEST & StopWatch, instructed by Hickman and Rose Solicitors.

Judgment

 

Press coverage includes: The Guardian