In a significant development, the Supreme Court has dismissed the appeal brought by a Metropolitan Police firearms officer known as W80 in relation to the fatal shooting of Jermaine Baker. The Independent Office for Police Conduct (IOPC) had determined that W80 should face misconduct proceedings for his actions.

Commander Fiona Mallon, responsible for armed policing, expressed condolences to Mr. Baker’s family and all those affected by the case. The Metropolitan Police has provided extensive support to W80, his family, and colleagues throughout the process, acknowledging the impact this has had on them. The judgment by the Supreme Court has broader implications for the use of force by police officers, and the Met will take time to carefully consider the details alongside policing colleagues nationwide, including legislation, guidance, and training for officers.

The incident occurred in Wood Green in December 2015 during a planned intelligence-led police operation to thwart an organised criminal gang’s attempt to free a dangerous convict with firearms offences from prison. W80 shot Mr Baker, and an imitation firearm was subsequently recovered from the suspects’ vehicle. Those involved in the plot were later sentenced to more than 30 years in prison.

Following an independent investigation by the IOPC, it was determined that W80 had a case to answer for gross misconduct. However, the Met disagreed with the IOPC’s recommendation, leading the IOPC to direct the Met to hold a misconduct hearing. W80 challenged this direction through a judicial review, arguing that the IOPC had applied the wrong legal test for self-defence. The Supreme Court heard W80’s appeal in March, with the Met supporting his challenge.

The Supreme Court has now dismissed the appeal, ruling that the civil law test for self-defence applies in police disciplinary proceedings regarding the use of force. The Crown Prosecution Service (CPS) had previously decided in June 2017 that there was insufficient evidence to bring criminal proceedings against W80. A public inquiry report in July 2022 determined that Mr Baker was lawfully killed, recognising shortcomings in the planning and execution of the policing operation but concluding that these failures did not cause his death.

Moving forward, the Met will liaise with the IOPC to determine the next steps regarding W80 and the holding of any misconduct hearing.