Why did Chris Kaba's killer stand trial - and what are the laws on police shootings?
After Met Police marksman Martyn Blake was cleared of murdering Chris Kaba, who was shot dead in September 2022, Sky News looks at the rules on officers and guns.
Wednesday 23 October 2024 15:03, UK
The acquittal of the police officer who shot dead Chris Kaba has raised questions over whether he should have stood trial in the first place.
A jury only took three hours to clear Metropolitan Police officer Martyn Blake of 24-year-old Kaba's murder at the Old Bailey.
Kaba - a "core member" of a notorious gang - died from a single shot to the head in Brixton, south London, on the night of 5 September 2022, after he rammed his Audi Q8 into police cars trying to block his path.
Mr Blake, 40, told the court: "I had a genuine belief that there was an imminent threat to life, I thought one or more of my colleagues was about to die."
After Mr Blake's acquittal, Home Secretary Yvette Cooper announced there will now be a "presumption of anonymity" for armed officers who are prosecuted for their actions on duty unless they are convicted.
Matt Cane, the general secretary of the Metropolitan Police Federation, which represents rank-and-file officers, said Mr Blake "should never have stood trial" and his fellow officers "remain astonished that a brave colleague could be charged with murder".
Kaba's family say the acquittal proves "his life does not matter to the system", while their campaign team organised by the charity Inquest claim the outcome "reinforces the harsh reality that police can kill without consequence".
Here we look at the rules on when police officers can shoot suspects.
Rules for armed officers
The rules on police officers and guns are governed by Police and Criminal Evidence Act 1984, which gives police officers the right to "use reasonable force".
More generally, they have a legal framework in the Common Law right to self-defence or the protection of others - and Article 2 of the European Convention of Human Rights (EHCR).
They state that officers should only discharge firearms to "prevent a real and immediate threat to life by shooting to stop the subject from carrying out their course of action".
This should be done by shooting them in the torso, but if it is "imperative the subject is immediately incapacitated", they are allowed to aim for the person's head.
This should only happen when "absolutely necessary in defence of a person when there is a real and immediate risk to life from unlawful violence".
Read more
Other high-profile fatal police shootings
Details of Chris Kaba's criminal past revealed
The number of shots fired "depends on the circumstances", the regulations add, and the "use of excessive force is strictly prohibited".
When shots are fired, the following things must also happen:
• Exercising restraint and acting in proportion to the seriousness of the offence being committed;
• Minimising damage and injury where possible;
• Ensuring medical aid is given at the earliest opportunity;
• Reporting any death or serious injury to the officer's superiors;
• Punishing any "arbitrary" or "abusive" use of force by criminal law;
• Not allowing public emergencies or internal political instability to be used as an excuse
What have people said about the Chris Kaba case - and the outcome?
Statistics show that since 1990, police in England and Wales have shot and killed 83 people in the line of duty. None have ever been convicted of murder - although there have been a small number of criminal prosecutions.
Most recently, Tony Long was acquitted of Azelle Rodney's murder after he fatally shot him six times in London in 2005.
The CPS has defended its decision to bring the Chris Kaba case in the wake of the trial. It acknowledged how "complex and sensitive" it was, but said: "We recognise that firearms officers operate under enormous pressure, but it is our responsibility to put cases before a jury that meet our test for prosecution, and we are satisfied that test was met in this case.
"It is therefore right that the case was put before the jury for them to scrutinise and to decide. They have carefully considered each piece of evidence, including video and Martyn Blake's own account. They have made up their minds in the proper way and we thank them for doing so."
Ms Cooper described it as a "very difficult case" that has caused "deep concerns for communities and police officers".
Following the trial, she announced a range of measures in response to a review into police accountability, including anonymity for armed officers on trial - unless they are convicted; the speeding up of cases being sent from the Independent Office for Police Conduct (IOPS) to the Crown Prosecution Service (CPS); and automatic dismissal for officers who have committed gross misconduct or been found guilty at trial.
Former home secretary Dame Priti Patel defended Mr Blake, arguing he has been through a "traumatic ordeal", which raises "important questions for the CPS to answer over the evidence base they had".
Former Met Police commissioner Lord Hogan-Howe argued in the Lords that the legal system should offer "the benefit of the doubt" to firearms officers who "volunteer" to bear those responsibilities for no extra pay.
He pointed out that this applies to just 3,000 of the UK's 67 million-strong population.
Separate police justice system would weaken confidence
But former director of public prosecutions Lord McDonald told Sky News he is against having a different justice system for the police - similar to a traditional-style court marshal - as it risks "weakening public confidence".
He argues criminal prosecutions around fatal police shootings are "extremely rare" and that the CPS "looks at all the circumstances before deciding whether to charge", including "sensitivity" of officers' jobs, the "danger they are in" and the "need for quick decisions".
Lord McDonald did say cases are taking "too long" to come to court - with others arguing those involving officers in the line of duty be expedited.
Kaba's MP, Labour's Bell Ribeiro-Addy, said the trial reinforces the principle that "nobody is above the law" and that there are huge issues around trust in the police - "particularly within the black community".
The IOPC is yet to conclude whether Mr Blake's actions amounted to "gross misconduct" and should therefore mean he is dismissed.
It said: "Ultimately it is a jury's decision, having carefully considered all the evidence, to determine guilt or innocence and we respect that decision and thank them for their consideration.
"Armed policing plays a crucial part in protecting our communities and keeping the public safe from danger. Firearms officers can, and do, find themselves in extremely dangerous and volatile situations where they are forced to make difficult and quick decisions under intense pressure."
The IOPC highlighted that only one other of its investigations into fatal police shootings - of 26 in the past 10 years - have met the threshold for criminal prosecution.