Officer facing gross misconduct hearing following fatal shooting of Jermaine Baker

The Independent Office for Police Conduct (IOPC) has directed the Metropolitan Police Service (MPS) to hold gross misconduct proceedings for the officer who fatally shot Jermaine Baker in north London in December 2015.

This decision follows our investigation into the shooting which found that the officer, known as ‘W80’ for legal reasons, had a case to answer for gross misconduct for using excessive force when he shot Mr Baker.

The decision to direct proceedings was taken after the MPS disagreed with our findings and our subsequent recommendations that proceedings should take place.

IOPC Regional Director Sarah Green said:

“I have directed that W80 should face gross misconduct proceedings having applied the relevant legal tests. The test I must apply, in deciding whether or not there is a case to answer for W80 is whether there is sufficient evidence, upon which a reasonable misconduct hearing, properly directed, could make a finding of gross misconduct.

“I have determined that in the specific circumstances of this case, a hearing could make a finding of gross misconduct. It is now for the police misconduct panel, led by an independent legally qualified chair, to test the evidence and to decide on the balance of probabilities whether W80 breached the police standards of professional behaviour by using excessive force.”

“The Crown Prosecution Service decided there was no realistic prospect of conviction with which to charge W80 with any criminal offence on 14 June 2017. Following a request from Mr Baker’s family for a review of their decision under the victim’s right to review, the CPS confirmed no charges would be brought on 19 March 2018.

“A police misconduct hearing applies a different standard of proof, to a court trying a criminal offence, when determining if there has been a breach of police standards of professional behaviour. The courts have recently reiterated that the primary purpose of police disciplinary proceedings is to uphold public confidence in the police.

“It is now a matter for the Metropolitan Police to arrange the misconduct hearing.”