The Supreme Court has dismissed an appeal by a Metropolitan Police firearms officer, known as W80, who shot and killed unarmed Jermaine Baker in 2015. The unanimous ruling clarifies that the civil law test on use of force applies to police conduct decisions, rather than the criminal law test of self-defence. This means officers cannot rely on unreasonable mistakes when justifying their use of force.
Baker, 28, was shot during a foiled attempt to free an inmate from a prison van near Wood Green Crown Court. No live firearm was found in the stolen Audi he was in, though an imitation firearm was later recovered from the rear of the car. A public inquiry found the operation lawful but noted failings at almost every stage.
The Independent Office for Police Conduct (IOPC) had previously concluded that W80's belief of imminent danger was honestly held but unreasonable, recommending a gross misconduct case. The Met disagreed, and W80 sought to overturn that decision. The Supreme Court's judgment now paves the way for potential disciplinary proceedings.
IOPC acting director general Tom Whiting said the body would review its original decision in light of the judgment, evidence from the public inquiry, and further representations. Baker's mother, Margaret Smith, urged the Met to respect the ruling and bring proper proceedings against W80.
The Met's commander for armed policing, Fiona Mallon, acknowledged the ruling's implications and said the force would consider next steps with the IOPC. The campaign group Inquest welcomed the legal clarity, saying it could improve police accountability.
