Commissioner calls for reform of police accountability after firearms officer charged with murder

Sir Mark Rowley said this area of law and regulation is “long overdue for reform to address a number of imbalances”.

It comes as reports at the weekend suggested the Ministry of Defence was offering to support armed police in London after “dozens of MPS officers stood down from firearms duties” after an officer was charged with the murder of Chris Kaba in South London last year.

Mr Kaba, 24, died on September 5, 2022, after he was fatally shot in Streatham Hill following a pursuit by specialist MPS firearms officers.

Sir Mark said he has been meeting with firearms officers who were “understandably anxious”.

He welcomed the announcement of a review by Home Secretary Suella Braverman in to how the actions of officers are scrutinised.

The firearms officer appeared in court on Thursday (September 21) and was released on bail. They will appear at the Old Bailey on December 1 for a pre-trial preparation hearing.

A MPS spokesperson said: “The Ministry of Defence has agreed to a request to provide the Met with counter-terrorism support should it be needed.

“This is a contingency option that would only be used in specific circumstances and where an appropriate policing response was not available.

“Armed forces personnel will not be used in a routine policing capacity. We will keep the need for the support under constant review.”

It is understood that armed policing in the capital will be supported by a “limited number” of firearms officers from neighbouring forces following the latest developments.

Chief Constable Charlie Hall at the National Police Chiefs’ Council (NPCC) said: “Mutual aid is routinely used to share officers across the country to ensure public safety, and so the National Police Coordination Centre is supporting the Metropolitan Police to ensure the force has the resilience it needs.”

In an open letter to the Home Secretary, Sir Mark said the progress being made to deliver change in the Met was “undermined by a system not set up to help officers succeed”.

He called for the policies and practices of the Independent Office for Police Conduct (IOPC) and the Crown Prosecution Service (CPS) to be addressed, with a focus on the threshold for investigating police use of force and involvement in pursuits.

In his letter, Sir Mark writes that any case where someone loses their life is clearly devastating for their family, friends and wider community.

He said it is right that they are properly investigated in a way which improves confidence, but the Met does not believe the current situation delivers this.

Sir Mark says he is particularly concerned about the position firearms officers are in, where there are genuinely held concerns by those officers who do an incredibly difficult job in some of the most challenging circumstances

The MPS typically responds to around 4,000 armed incidents every year and officers discharge firearms on two or less occasions. This equates to 0.05 per cent of armed operations resulting in shots fired by police officers in London.

Hundreds of weapons are seized and dangerous offenders are brought to justice with extreme care and a professional caution that is world-leading, he said

Sir Mark added: “There is a concern on the part of firearms officers that even if they stick to the tactics and training they have been given, they will face years of protracted legal proceedings which impact on their personal wellbeing and that of their family.

“While previous reviews have been announced, they have not delivered change.

“Carrying a firearm is voluntary. We rely on officers who are willing to put themselves at risk on a daily basis to protect the public from dangerous criminals including terrorists.

“Officers need sufficient legal protection to enable them to do their job and keep the public safe, and the confidence that it will be applied consistently and without fear or favour.”

As part of the Home Secretsary’s review, the MPS wants to see changes to regulations or primary legislation, including amendments to ensure the application of the subjective criminal law test for self-defence in police misconduct, not the objective civil test.

One simple test would avoid delay, simplify the process and provide better protection for the public, it said.

In addition, the force wants to see:

• The introduction of the criminal standard of proof for unlawful killing in inquests and inquiries, which would avoid the confusion caused when different conclusions are reached in criminal and coronial cases; and
• Changes to the threshold at which the IOPC can launch criminal or misconduct investigations.

“Too often investigations are announced when only a minimal interrogation of the facts has taken place, damaging public confidence, only for further inquiries to establish criminality or wrongdoing either wasn’t borne out at the level initially suggested, or at any level at all,” says the MPS.

“The IOPC should not be able to launch such investigations based only on a mere ‘indication’ of an offence or wrongdoing. It would be more sensible for the threshold to be a ‘reasonable suspicion’ as in most other areas of criminal law.”

In his letter, Sir Mark said the MPS would also welcome the review considering issues of policy and practice in organisations handling cases of police complaints or use of force, including:

• Investigate how CPS policy can strengthen the legal protection for officers who use force. Officers are entitled to operate with clarity on the decision-making process, and so there is an associated need to rapidly understand the rationale where charges are brought to enable consideration of the potential impact on the training that is currently in place.
• The introduction of time limits for the IOPC and CPS in order to reduce the punitive impact on officers of lengthy investigatory and legal processes and ensure the public see rapid resolutions where wrongdoing has occurred.
• Improving the balance in communications and the release of information following an incident to ensure public confidence in policing is emphasised and matters which may cause community tensions are managed more effectively. A presumption of providing more contextual information about the incidents as part of the initial narrative should be introduced.

Sir Mark said the changes that the MPS has called for will deliver improvements for officers across the country, and have the support of the chief executive of the College of Policing and the chair of the NPCC.

The Metropolitan Police Federation said it was pleased to see the contents of the letter from the Commissioner.

It said: “Police officers have no concerns at being held accountable for their actions but this oversight must be fair and balanced and take into account the training officers receive and the roles they are lawfully asked to carry out.

“Those forensically looking at the actions officers have to take in split seconds – with the benefit of hindsight – should also not take years to conclude their investigation.

“Colleagues should not fear for their liberty and livelihoods for simply doing the job the public expect of us. We look forward to playing a full part of any review.”

Donna Jones, chair of the Association of Police and Crime Commissioners, welcomed the Home Secretary’s review into the process and governance of police use of firearms, specifically after discharging a weapon.

She has written to all police and crime commissioners (PCCs) calling on them to provide information around the sentiment of firearms officers, points that should be considered in the review and how to speed up the post (weapons) discharge procedure conducted by the IOPC.

Ms Jones, the PCC for Hampshire and the Isle of Wight, said: “Police officers risk their lives to keep our communities safe and we must do everything in our power to support them.

“Carrying a gun is a huge ask and firearms officers risk their own lives to keep our society safe from the most dangerous and violent criminals.

“However, as PCCs we also have a duty to ensure that police forces use weapons correctly and that the public are safe to go about their business. Where there are abuses of power, it is right that a full process and, if appropriate, a criminal justice route is followed.

“As PCCs we represent the public’s voice in policing, and we recognise the need to ensure due process is followed to reassure our communities that police forces maintain the highest of standards and safety.

“We will be closely monitoring the situation to ensure that the review and subsequent action achieves the correct balance between reassuring the public and supporting officers when they make appropriate decisions in difficult and dangerous circumstances.”

The Police Federation of England and Wales (PFEW) said it welcomes the “long overdue” review announced by the Home Secretary into how the actions of police officers are investigated.

However, it recognises the “genuine apprehension” that firearms officers have following the recent decision of the CPS.

In a statement, the PFEW said: “There is no doubt that every case which results in the loss of someone’s life is devastating for that person’s family and friends. Such an event also has a huge impact on the officers involved and on society in general.

“Officers volunteer to carry firearms in the knowledge that they are putting their lives on the line to ensure the safety of the communities they serve. While they unreservedly accept being held to account for their actions, they rightly expect to be subjected to a fair, independent, unbiased and transparent process.

“The PFEW shares the Met Police Commissioner’s concern about the growing dissatisfaction amongst firearms officers who, even when they follow the tactics and training they have received, will face significant struggles and hardships over what are usually split-second decisions taken by them in dangerous and fast-moving situations.

“In this respect, the PFEW agrees that the emergency review announced by the Home Secretary is long overdue and it is hoped that this will ensure police officers have the appropriate legal protection they need when undertaking crime prevention operations.

“We also take this opportunity to call on all stakeholders for greater use of identity protection for police officers involved in sensitive and high-profile cases to ensure their safety.

“The PFEW wants to assure its members that it will continue to work with the Government and policing organisations – especially the NPCC and the College of Policing – and with political parties and MPs to afford them the protection and robust processes they deserve.”

London Assembly Labour’s policing and crime spokesperson Unmesh Desai AM said: “We know that firearms officers are needed. They face immense pressures while serving on the front line to keep Londoners safe.

“Their jobs must be done within a framework that is clear to police and the community – and accountability, delivered swiftly, is paramount in such a system. The need for this has been clear since the Casey Review, which identified serious issues pertaining to firearms officers across the Met.

“I welcome any review into the police’s use of force. The Home Secretary’s comments, however, risk this review being seen as political – when it should support the needs of officers and Londoners instead.

“On top of this, I condemn the absence of official information from the Home Office about this review. Instead of providing clear information to residents of our city, the Home Secretary is undertaking soundbite politics. Policing should not be treated as a political opportunity to be exploited – which is what this announcement looks like.”