Decision to publicly name firearms officer NX121 ‘hugely concerning’, says MPS

The Recorder of London, His Honour Judge Lucraft KC, who is overseeing the upcoming trial of the firearms officer known as NX121 for the fatal shooting of Mr Kaba in South London, has ruled that on January 30 next year, anonymity will be partially lifted

This will result in the name and date of birth of officer NX121 being in the public domain, although their address, image and any detailed description will continue to be protected.

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

In response to Monday’s announcement, Assistant Commissioner Matt Twist said: “I recognise that for officers this decision will be hugely concerning, and that the impact of this and recent cases is felt right across armed policing and beyond.

“The Met has supported the anonymity hearing by providing evidence and factual information to His Honour Judge Lucraft KC to assist him in making a decision. We take seriously the open justice principle, however, it was important to make the court aware of the effect that loss of anonymity would have in this case.

“We acknowledge the judgement by the court and note the detailed and careful consideration that has taken place.

“We have also been continuing to make representation in the strongest terms to Government to expedite their Accountability Review, and welcome the commitment given by the Home Secretary for the review to report by the end of the year.”

He added: “Armed officers in London typically respond to around 4,000 armed incidents and 800 pre-planned operations every year, plus recover hundreds of firearms and weapons. Yet on average over the last 20 years firearms have been discharged at suspects on two or fewer occasions per year. Shootings by our armed officers are very rare.

“Taking on the additional responsibilities of being a firearms officer is voluntary in this country due to the very real additional risks the role entails. Accountability will always be crucial, however, it must be an accountability system that officers, and the public, can see fairly takes into consideration and gives appropriate legal protection to the unique role we ask armed officers to undertake.

“A role that is absolutely critical, in ensuring that the public and unarmed colleagues are protected from the most severe and very real threats faced on a daily basis.”

The officer was granted an interim anonymity order following an application by their legal representatives at the Old Bailey in September.

The officer was released on bail and is due to appear at the Old Bailey on December 1 for a pre-trial preparation hearing.

A provisional trial date has been set for September 2024.

National Police Chiefs’ Council lead for armed policing, Chief Constable Simon Chesterman, said: “Whilst we respect the decision of the court, we also recognise the impact and concern this will have on all officers but in particular armed officers nationally. We will reflect upon the implications this has for policing.

“As an unarmed police service we rely on police officers to volunteer for these highly skilled, difficult and dangerous roles. Authorised Firearms Officers perform a uniquely challenging and important role, making life changing decisions in a split-second. There is the essential need for transparency and accountability which every officer accepts however, there is a clear need for sufficient protection to enable officers to do their job and keep the public safe, with confidence that such scrutiny will be applied consistently, clearly, and in a timely manner.

“We know for many police officers the balance presently does not feel right; therefore, it is vital for officers and the public alike to have the confidence that the processes by which police are held to account when carrying out their duties are fair, proportionate and timely. This is why we welcome the Home Office Accountability Review, and we will be working closely with the Home Office to help get this review concluded swiftly.

“Officers come to work every day and put the public’s safety first and foremost in anything they do. Keeping our policing colleagues and communities safe, across the UK, remains our priority.”

The Police Federation of England and Wales (PFEW) said it was “bitterly disappointed” by decision to publicly name the firearms officer.

National chair Steve Hartshorn said: “PFEW is seriously concerned and bitterly disappointed about the potential ramifications of publishing the officer’s name and date of birth in January 2024.

“We know that this concern is shared by many officers of all ranks and roles across the country but more so in the world of armed policing as they understand the threat and risk taken in the protection of the public more so than others.

“Officers are not looking to be above the law, but they must have confidence that they have the protection needed to do the difficult and dangerous job society expects of them. That is why we welcome the Accountability Review announced by the Home Secretary and hope to see its result sooner rather than later. This needs to be progressed urgently if officers are to have confidence when doing their job.”

Donna Jones, chair of the Association of Police and Crime Commissioners (APCC), commented: “The judge’s decision today to lift the anonymity of the Met firearms officer will inevitably draw more attention to the processes involved post the discharge of a weapon in the line of duty.

“It’s important that the criminal justice process proceeds as quickly as possible for the family and loved ones of all involved. The APCC will be monitoring all legal proceedings and supporting the Home Office review of firearms practices across England and Wales.

“Thankfully, firearms are rarely discharged by police officers on the streets of Britain. When they are, it is right and proper that a full and thorough review of the discharge of the weapon is undertaken.

“The time it takes for the Independent Office for Police Conduct to conclude these reviews is often too long, due to the volume of police referrals they are managing. As police and crime commissioners we have a legal duty to ensure the processes surrounding safety and security of firearms, both for the public and those carrying them is of the highest standard.

“I have made this point formally to the Home Secretary and welcome the review she has announced.”