IOPC pauses gross misconduct proceedings against MPS firearms officer
The Independent Office of Police Conduct (IOPC) has paused serving gross misconduct papers on Metropolitan Police Service (MPS) firearms officer Sergeant Martyn Blake – known as NX121 – until “the law changes relating to the use of force test in police misconduct cases comes into effect and its impact is clear”.
Shortly after Sgt Blake’s acquittal in October 2024, the Home Secretary commissioned a review of the different legal thresholds for reaching decisions concerning police officers in criminal, misconduct and inquest proceedings.
In April 2025, the IOPC decided after a “thorough review” of all of the evidence, that the threshold – as set out in legislation and Home Office guidance – was still met for Sgt Blake to face gross misconduct proceedings for his use of force.
Subsequently, in October 2025, as a result of the review commissioned by the Home Office, the Home Secretary announced they accepted a recommendation to change the test for use of force in police misconduct cases from the civil law test to the criminal law test, which would require amendments to legislation.
Following this, in November the MPS asked the IOPC to consider withdrawing its direction that Sgt Blake should face disciplinary proceedings in light of the impending law change.
“We understand the law change is expected to be in the spring and is likely to occur prior to any hearing being held by the Met. Therefore, it’s important that we carefully consider how to proceed with presenting the disciplinary hearing,” the IOPC said.
“We have decided it is not appropriate to make a decision on whether, in all the circumstances, it’s fair and reasonable that Sgt Blake should continue to face disciplinary proceedings, until we understand the impact of amendments to the use of force standard and any Home Office guidance.
“As a result, we have decided to delay serving Sgt Blake with the gross misconduct papers until the law is changed. Sgt Blake and Chris Kaba’s family have been notified of our decision.”
IOPC Director Amanda Rowe said: “We recognise the impact of this case on everyone affected and it isn’t our intention to delay matters any more than necessary, however, it’s important that our decision takes account of impending changes to the use of force standard.”
MPS Deputy Assistant Commissioner James Harman said: “Following NX121’s acquittal for murder we made strong representations to the IOPC that he should not face gross misconduct proceedings. The facts have already been fully tested during a criminal trial, which resulted in a jury returning a unanimous not guilty verdict. In our view, that should have brought this matter to a clear and definitive conclusion.
“We acknowledge the IOPC’s decision to pause proceedings. However, this pause must be as short as possible. NX121’s life has been effectively on hold for more than three years, and every additional delay prolongs the stress and uncertainty that he and his family are living with. We also recognise that this delay will be felt deeply by Mr Kaba’s family, who continue to grieve their loss.”
He added: “Complex legal frameworks and extended timelines in cases such as these serve neither officers nor families, nor the wider public who rightly expect transparency and timely resolution. Prolonged processes risk compounding distress for everyone involved. Firearms officers risk their lives and make split-second decisions facing dangerous situations every day – they deserve better.
“We therefore urge the Home Office and Ministry of Justice to move swiftly to implement the reforms recommended by Sir Adrian Fulford and Tim Goodwin to the legal test governing the use of force in misconduct proceedings and thresholds at inquests. These changes are essential to ensuring a fair, consistent and timely approach.”
Matt Cane, General Secretary of the Metropolitan Police Federation, said: “This is very much the right decision that will not only be welcomed by Sgt Blake and his family – but also all police officers across London.
“Police officers should not face losing their liberty or livelihoods for doing the job that society expects of them and it has been pleasing to see government acknowledgement of this.
“We look forward to Sgt Blake – already fully exonerated for his actions in court by a jury of peers – swiftly having no further case to answer.”