Officers on trial over shooting suspects to get anonymity
Firearms officers facing trial over shooting suspects will receive anonymity up to the point of conviction, the home secretary has said.
Yvette Cooper’s announcement comes days after police officer Martyn Blake was cleared of murdering Chris Kaba, who was shot in the head during a vehicle stop in Streatham, London, in September 2022.
Anonymity will stand on the rare instances firearms officers in England and Wales face criminal charges, Cooper said.
She added that the Kaba case came against a “backdrop of wider and longstanding concerns” about police accountability, standards and confidence.
The reform to anonymity is part of a new package aimed at police accountability, which includes several measures proposed by the previous government in March.
They include:
- Speeding up the process for the Independent Office of Police Conduct (IOPC) watchdog to send cases to the Crown Prosecution Service (CPS).
- Raising the threshold for IOPC the to refer officers to the CPS
- A “presumption of dismissal” for officers found guilty of particular criminal offences.
Cooper said there would also be an “appeal mechanism” for bereaved families when a decision is made not to seek a charging decision.
The home secretary said the measures were “practical steps to rebuild confidence, tackle delays, provide clarity and ensure high standards are maintained”.
James Cleverly, the shadow home secretary, argued that firearms officers should be able to use their training in the role as part of their defence in criminal proceedings.
He told the commons he “agreed with almost all” of the proposals put forward by the government and urged MPs to be “thoughtful and careful” about making statements on police decisions.
“We have seen too often police leadership bend to inappropriate levels of public pressure,” he said.
The prime minister, Keir Starmer, had earlier said that it was important the public had confidence in the police and the police have confidence in the government.
Under the current law, every armed police officer is personally responsible for their actions. Officers cannot use more force than is necessary to neutralise a threat.
A superior officer cannot tell a police officer to pull the trigger – nor can there be a pre-emptive tactical decision to shoot a suspect whatever the circumstances.
On Monday, police officer Mr Blake was found not guilty of murdering Mr Kaba.
The Metropolitan Police said the officer, who was suspended throughout the process, would be immediately reinstated.
The Independent Office for Police Conduct (IOPC) confirmed Mr Blake was facing a gross misconduct hearing before his criminal trial.
The watchdog said it would review its findings, taking into account evidence at the trial and any further police representations, as is standard practice when an officer is acquitted of a criminal charge.
The Met said it would make fresh representations to the IOPC and welcomed the watchdog’s review “given the very real complexities of a fast-moving and pressured incident”.
It has since been revealed that Mr Kaba had shot a man in a nightclub days before his own death.
Reacting to the verdict Metropolitan Police Commissioner Sir Mark Rowley said no police officer was above the law but said the force had been clear “the system holding police to account is broken”.
“I worry about the lack of support officers face for doing their best, but most of all, I worry for the public,” he said.
“The more we crush the spirit of good officers, the less they can fight crime – that risks London becoming less safe.”
Neil Basu, a former assistant commissioner in the Met, said there was a lack of confidence in the criminal justice system from Black communities and within the police itself, including firearms officers.
“Policing knows that and is going to have to do a lot to build that trust back,” he told Radio 4’s Today programme.
“That is a serious problem for the home secretary, it is a serious problem for the most senior police officer in the country and his colleagues.
“[A review] that is open to both sides would be incredibly important in this case.”
Abimbola Johnson, a barrister on a scrutiny board set up by the National Police Chiefs Council in the summer to boost confidence among minority ethnic people, warned against using the Kaba case to push for legislative change.
“It is already extremely rare for us to see police officers being prosecuted under the criminal justice system for action they have conducted whilst in the line of duty,” she told BBC Radio 4’s Today programme.
She added: “This is not a typical case, therefore, using this as a reason to push for legislative change, it doesn’t make sense, because this isn’t normally what would happen throughout the process.”