The decision by the Independent Office for Police Conduct (IOPC) to drop misconduct proceedings against Sergeant Martyn Blake, who was involved in the fatal shooting of Chris Kaba in 2022, has sparked a heated debate over police accountability and use-of-force guidelines. The IOPC's announcement comes after a significant change to the rules governing how officers' use of force is judged, which now aligns with the test used in criminal law.
The updated legislation elevates the legal threshold for misconduct in use-of-force cases, meaning that conduct not amounting to a crime should also not lead to a finding of misconduct. The IOPC attributes its decision to drop the case against Sgt Blake to this change, citing consistency and fairness as key factors.
Andrew Johnson, IOPC Director of Strategy and Policy, stated that careful consideration was given to the law change and its aim to address perceived unfairness in the previous civil law test. He noted that the position offers consistency across impacted cases and is fair to officers who might otherwise face dismissal for actions that would not amount to misconduct under the new law.
The Metropolitan Police's Deputy Commissioner, Matt Jukes, welcomed the rule changes, reiterating the force's long-held position that there was no basis for further action against Sgt Blake following his criminal trial. He highlighted the introduction of a presumption of anonymity for firearms officers during court proceedings until conviction and the restoration of the criminal test for the use of force in misconduct cases as positive developments.
However, the family of Chris Kaba has strongly criticised the IOPC's decision, describing its impact on bereaved families in cases involving police use of force as damaging. They argue that the IOPC appears to have a 'closed mind' on this specific case and contend that all existing cases should have been concluded under the rules in place when proceedings began.
Chris Kaba, 24, was shot in Streatham, south London, in September 2022 after police followed and boxed in the Audi he was driving, which had been linked to previous firearms incidents. Officers were unaware of his identity at the time of the incident. Police later reported that Kaba had links to a street gang and two shootings in the days leading up to his death.