The police marksman who shot Chris Kaba in 2022 may no longer face misconduct proceedings following a change in how officers' use of force is assessed, the Independent Office for Police Conduct (IOPC) has stated.
Sgt Martyn Blake shot Kaba, 24, in Streatham, south London, after Kaba attempted to ram his way past police vehicles. Blake was acquitted of murder in 2024 but remained subject to a separate disciplinary hearing. The IOPC had paused this hearing pending the publication of new rules.
The legal test for misconduct in cases involving officers' use of force has been elevated to match the standard used in criminal law. This means that conduct which would not be considered a crime will also not be deemed misconduct.
Following Blake's acquittal, then-home secretary Yvette Cooper had indicated a review of the legal test for charging officers over the use of force. The IOPC announced Wednesday that it now believes the case against Sgt Blake should not proceed. The watchdog will consult with the Kaba family, who have argued that exceptional circumstances warrant the case continuing.
This shift in policy could affect dozens of other non-fatal use-of-force cases if police forces adopt a similar approach. Andrew Johnson, IOPC director of strategy and policy, explained that the law change was intended to address perceived unfairness and lack of proportionality in the previous civil law test. He added that this new position provides consistency and fairness for officers facing potential dismissal for actions that would no longer constitute misconduct under the revised law. Johnson anticipates that the number of cases affected by this change will be relatively small.
Metropolitan Police deputy commissioner Matt Jukes, referring to Blake by his cypher NX121, welcomed the legal changes. He stated that the Metropolitan Police have consistently maintained there was no basis for further action against the officer since the criminal trial. Jukes also noted the introduction of a presumption of anonymity for firearms officers during court proceedings until conviction and the restoration of the criminal test for use of force in misconduct cases.
Chris Kaba was driving an Audi that police had tracked because it had been linked to three firearms incidents in the preceding five months. Officers were unaware of his identity at the time. Reports later indicated Kaba had connections to a street gang and two shootings in the six days before his death.