Metropolitan Police welcome the decision by the Independent Office for Police Conduct that firearms officer NX121 should not face misconduct proceedings.

Commissioner Sir Mark Rowley said: “Today’s decision finally brings to an end almost four years of uncertainty for NX121, his family and the wider firearms command, with all the considerable worry and stress that has brought. We also recognise the profound impact on Chris Kaba’s family, who continue to grieve their loss.

“Since NX121’s unanimous acquittal by an Old Bailey jury, and in the absence of any evidence that he failed in his duties, we have been clear and consistent in our view that he should not face a misconduct hearing.

“Our armed officers respond to more than 4,000 incidents each year, but there are only one or two incidents where shots are fired by police. It is undeniable that they are the most professional, most accountable and most cautious in their use of lethal force in the world.

“The IOPC has now reconsidered NX121’s case in light of the recent change in the law, and we welcome this sensible decision.

“But this must be a milestone moment to reset a police accountability system that is out of balance.

“No police officer is above the law, but we have been clear the system holding police to account is broken. I worry about the lack of support officers face for doing their best, but most of all I worry for the public. As I have said before, the more we crush the spirit of good officers, the less they can fight crime. That risks London becoming less safe.

“If your job is confronting dangerous and sometimes murderous criminals on behalf of communities, of course timely accountability for use of force is essential. But your life being on hold for four years or more as you go through multiple accountability processes is a disgraceful way to treat brave men and women. I also see the profound effect these cases routinely have on officers’ families.

“NX121’s case is a high profile example of something that is all too common for front line officers. The consequence is that while officers’ physical bravery knows no bounds, too often they are hesitant because of the multiple legal jeopardies they face.

“Criminals are held to account once by the courts – officers can be held to account four times through criminal, misconduct, civil and inquest processes that span years. That cannot be right.

“As it currently stands:

“Officers risk investigation if pursuing a criminal who crashes, injuring themselves or others

“Officers risk investigation if a suspect harms himself by swallowing drugs to evade detection

“Officers risk investigation if a doctor decides a suspect is well enough to be held in custody but they then become ill or die

“Officers risk investigation if having released a paedophile on bail he commits suicide

“Officers have even faced investigation for administering first aid – when good intentions have had unintended consequences.

“Progress is being made, but not quickly enough. We still await some recommendations from the rapid accountability review by the Home Office to be implemented.

“It is good that the Home Office has now announced a review of the whole police accountability system to make it fairer, faster, proportionate and more effective, so the public and the thousands of officers who serve with integrity every day can have confidence that it is fit for purpose.

“We will continue to push for new legislation if necessary to ensure that the law protects those who are on the right side of it. “

Example cases

W80: In October 2025 misconduct proceedings against firearms officer W80 in relation to the fatal police shooting of Jermaine Baker – a decade before, in December 2015 – were dismissed at the half-way point by an independently-chaired panel due to lack of evidence.

Mr Baker was shot during a planned intelligence-led police operation to prevent an organised criminal gang breaking a dangerous criminal out of lawful custody. The criminal gang were later jailed for a total of 27 years.

In June 2017 the CPS decided not to charge W80 with any criminal offence.

A public inquiry in 2022 found that “W80 shot Mr Baker because he honestly believed that Mr Baker posed a lethal threat and that it was reasonably necessary for him to shoot in order to defend himself”. It added that “Mr Baker was lawfully killed”.

A misconduct hearing was directed by the IOPC following many years of legal proceedings that escalated to the Supreme Court.

PC Paul Fisher: In February 2020 firearms officer PC Paul Fisher was deployed in response to an urgent call for assistance after two members of the public were stabbed in a terrorist attack in Streatham High Street

On his way PC Fisher heard over the radio that lives were in danger, members of the public were seriously injured, and shots had been fired.

On route he collided with three cars and a garden wall, resulting in minor injuries to two other drivers.

The matter was investigated by the IOPC and the CPS authorised charges.

PC Fisher was charged with dangerous driving for the driving errors he made while under immense pressure to get to the scene and save lives.

In November 2023, three-and-a-half years after the incident, he was cleared by a jury.

The IOPC reviewed the verdict and decided PC Fisher should not face a misconduct hearing.

PCs Justin Hulf and Mara Sow:

PC Hulf and Sow were investigated after a suspect they arrested swallowed drugs and then died. All deaths and serious injuries during or following police contact must, by law, be referred to the IOPC.

In July 2023, the officers, both attached to the South Area Command Unit, identified Mikias Tekeste, 30, as wanted on recall to prison. As they arrested him, he threw away a quantity of class A drugs. He was searched and placed in a police van to be transported to Croydon custody centre.

During the journey, he removed two small packages from his trousers and swallowed them. The officers did not see him doing so.

At the custody centre Mr Tekeste was placed on 30-minute observations but became unwell in the cell. He was taken to hospital but died from cocaine toxicity.

The IOPC began a criminal investigation into the officers for gross negligence manslaughter before taking no further action.

The IOPC misconduct investigation concluded there was inadequate supervision in the police van and directed PCs Hulf and Sow to face a gross misconduct hearing. The Met disagreed the officers had a case to answer for gross misconduct.

In July 2025, two years after the incident, a hearing cleared the officers having found they acted correctly. Mr Tekeste deliberately concealed his actions while swallowing the drugs and the risk assessment applied by the officers was accurate with the information they held at the time.

PC Antony Howlin: In October 2023 PC Howlin, attached to Met Operations, was convicted of actual bodily harm and later sentenced to 12 weeks’ imprisonment.

PC Howlin was involved in a pursuit in Greenwich in February 2019. The car had failed to stop when requested to do so by officers.

When the driver eventually stopped, PC Howlin used force to detain him. The driver required hospital treatment for cuts to his head. He was later charged with aggravated taking and driving away and received a prison sentence.

PC Howlin’s actions were investigated by the Met’s Directorate of Professional Standards following a complaint. The CPS determined the threshold for charges was not met. Following a victim right-to-review process and an appeal to the IOPC, the CPS authorised a charge.

PC Howlin appealed his conviction and it was overturned at crown court in April 2024 on the basis the force used was lawful and PC Howlin held an honest belief it was necessary given the nature of the suspect’s driving, ramming of a police vehicle, failing to stop and failing to surrender to police.

DPS reviewed the case and determined there was no case to answer for misconduct.