The Supreme Court has dismissed an appeal by a police firearms officer, known as W80, who fatally shot Jermaine Baker in 2015, ruling that he may face professional misconduct proceedings. The landmark decision clarifies that the civil law test on use of force, which considers whether an honest but mistaken belief is reasonable, applies to police conduct cases, rather than the criminal law test of self-defence.
Baker, 28, was shot and killed during a foiled attempt to free an inmate from a prison van near Wood Green Crown Court in north London. No live firearm was found in the stolen Audi he was in, though an imitation firearm was later recovered from the vehicle. A public inquiry found the operation lawful but highlighted multiple failings.
The Independent Office for Police Conduct (IOPC) had concluded that W80's belief of imminent danger was honestly held but unreasonable, recommending gross misconduct proceedings. The Metropolitan Police disagreed and supported W80's legal challenge. The Supreme Court's unanimous judgment now upholds the IOPC's stance.
IOPC General Counsel David Emery welcomed the ruling, stating it does not set an impossible standard but prevents officers from relying on unreasonable mistakes. The IOPC will now review whether a disciplinary case remains, considering the judgment, public inquiry evidence, and representations from W80 and Baker's family.
Baker's mother, Margaret Smith, called for the Met to respect the court's decision and bring proceedings against W80. The Met's armed policing commander, Fiona Mallon, acknowledged the judgment's implications and said the force would liaise with the IOPC on next steps.
