FINAL FOI 5025257 documents for disclosure pdf.pdf

FOI request 5025257 documents for disclosure
Draft and actual press statements
ACQUITTAL [Draft document]
Firstly, we want to acknowledge Chris Kaba's family and friends today as they
continue to grieve his death more than two years on. Our thoughts and
sympathies remain with them and everyone else who has been affected.
The past few weeks must have been incredibly difficult and distressing for
Chris’s family who have sat through the trial, listened to all the evidence and
witnessed his final moments played out in court.
We also recognise the impact that this trial has had on the officer involved, as
well as his firearms colleagues and the wider policing community.
Today a jury, having considered all the evidence, has acquitted Police
Sergeant Martyn Blake of murder.
We appreciate this trial will have been of significant public interest, and
particularly so within our Black communities.
The IOPC’s role is to independently investigate the circumstances
surrounding a fatal police shooting, including the decision to use lethal force.
Under the law, firearms officers can use lethal force, however it must be
reasonable in the circumstances the officer honestly believed them to be.

The decisions to criminally investigate Sergeant Blake, and then to refer the
case to the Crown Prosecution Service (CPS), followed careful consideration
of a significant amount of evidence gathered during our independent
investigation and by applying the relevant legal tests which govern our work.
Following the CPS decision to charge Martyn Blake with murder, the matter
has now been heard in open court and the officer has accounted for his
actions before a jury.
Ultimately it is that 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.

It’s important to recognise that fatal police shootings are rare, particularly in
relation to the volume of incidents firearms officers are called to attend. And it
is rarer still that they result in criminal or misconduct proceedings for the
officer who fired the fatal shot.

Over the past 10 years the IOPC – or our predecessor the IPCC - has
undertaken 26 investigations into fatal police shootings. In one other case we
referred a file of evidence to the CPS to consider a criminal charge for the
officer who fired the shot.
STATEMENT FOR ACQUITTAL: [Draft]
Firstly, we want to acknowledge Chris Kaba's family and friends today as they continue
to grieve his death more than two years later. Our thoughts and sympathies remain with
them and everyone else who has been aﬀected.
  The past few weeks must have been incredibly diﬀicult and distressing for Chris’s family
who have sat through the trial, listened to all the evidence and witnessed his ﬁnal
moments played out in court.
  We also recognise the impact that this trial has had on the oﬀicer involved, as well as
his ﬁrearms colleagues and the policing community more widely.
Today a jury, having considered all the evidence, has acquitted Police Sergeant Martyn
Blake of murder.
  We appreciate this trial will have been of interest, and particularly so within our Black
communities. Following the CPS decision to authorise a murder charge, the matter has
now been heard in open court and the oﬀicer has accounted for his actions before a
jury.
Ultimately it is that 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.
But when a fatal police shooting occurs it’s vital that the circumstances surrounding the
incident are independently investigated, including the decision to use lethal
force.  Under the law, ﬁrearms oﬀicers can use lethal force, however it must be
reasonable in the circumstances the oﬀicer honestly believed them to be.
  The decisions to criminally investigate Sergeant Blake, and then to refer the case to the
Crown Prosecution Service (CPS), were not taken lightly, and followed careful
consideration of a signiﬁcant amount of evidence gathered during our robust
independent investigation and by applying the required legal tests.
   It’s important to recognise that fatal police shootings are rare, particularly in relation to
the volume of incidents ﬁrearms oﬀicers are called to attend. And it is rarer still that they
result in criminal or misconduct proceedings for the oﬀicer who ﬁred the fatal shot.

  Over the past 10 years the IOPC –  or our predecessor the IPCC - has undertaken 26
investigations into fatal police shootings. In only one other case have we referred a ﬁle of
evidence to the CPS to consider a criminal charge for the oﬀicer who ﬁred the shot.
STATEMENT FOR ACQUITTAL: [Draft]
Firstly, we want to acknowledge Chris Kaba's family and friends today as they continue
to grieve his death more than two years later. Our thoughts and sympathies remain with
them and everyone else who has been aﬀected.
The past few weeks must have been incredibly diﬀicult and distressing for Chris’s family
who have sat through the trial, listened to all the evidence and witnessed his ﬁnal
moments played out in court.
We also recognise the impact that this trial has had on the oﬀicer involved, as well as his
ﬁrearms colleagues and the policing community more widely.
Today a jury, having considered all the evidence, has acquitted Police Sergeant Martyn
Blake of murder.
We appreciate this trial will have been of signiﬁcant public interest, and particularly so
within our Black communities. Following the CPS decision to charge Martyn Blake with
murder, the matter has now been heard in open court and the oﬀicer has accounted for
his actions before a jury.
Ultimately it is that 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.
Our role, as set out in legislation, is to independently investigate the circumstances
surrounding a fatal police shooting, including the decision to use lethal force. Under the
law, ﬁrearms oﬀicers can use lethal force, however it must be reasonable in the
circumstances the oﬀicer honestly believed them to be.
The decisions to criminally investigate Sergeant Blake, and then to refer the case to the
Crown Prosecution Service (CPS), were not taken lightly, and followed careful
consideration of a signiﬁcant amount of evidence gathered during our robust
independent investigation and by applying the required tests set out in law.
At the end of our investigation, we were required to decide whether the oﬀicer
should also face disciplinary proceedings for potentially breaching the police
standards of professional behaviour. We decided that Martyn Blake should face a
gross misconduct hearing relating to his use of force.
As is standard practice when an oﬀicer is acquitted after a trial, we will review
whether disciplinary proceedings remain appropriate, taking into account the
evidence at the trial and any representations made by the Met [who originally
agreed with our gross misconduct decision].

It’s important to recognise that fatal police shootings are rare, particularly in relation to
the volume of incidents ﬁrearms oﬀicers are called to attend. And it is rarer still that they
result in criminal or misconduct proceedings for the oﬀicer who ﬁred the fatal shot.
Over the past 10 years the IOPC –
or our predecessor the IPCC - has undertaken 26
investigations into fatal police shootings. In only one other case have we referred a ﬁle of
evidence to the CPS to consider a criminal charge for the oﬀicer who ﬁred the shot.
Published statement can be found on our website : Statement
following the acquittal of Sergeant Martyn Blake of the murder of Chris Kaba |
Independent Oﬀice for Police Conduct (IOPC)
Lines to take [draft with comments]
Q+A’s
If asked following HO announcement to changes to police accountability or response
to Met Police criticism of the accountability system
We have been saying for some time that the accountability system for holding the police to
account needs fundamental reform. The current system is far too complex and the statutory
guidance and legal framework do not support timely and efficient investigations, rather it
creates an environment of delay, legal challenge and lack of clarity for all involved.
Rigorous independent scrutiny is not a threat: it is a protection, but we know that
accountability and scrutiny can feel deeply uncomfortable for the individuals and
organisations involved. We all want to get the balance right between scrutiny which protects
the public but doesn’t leave the police afraid to use their powers to keep us safe.
The IOPC made submissions to the previous government on proposals we believed would
improve the accountability system, including higher thresholds for when a referral is made to
the CPS at the end of an investigation. The previous government’s response earlier this year
included three changes to the law which we had proposed. We would welcome and support
the Home Office progressing these law changes to improve the effectiveness of the
framework that holds officers to account, so the public and policing alike can have trust and
confidence in the system.
Our response to the accountability review can be found here: IOPC response to the
Government police accountability review | Independent Office for Police Conduct (IOPC)
Criticisms from pol fed/others that we unfairly target officers/are out to get them
This is not true. We are concerned that there remains a persistent narrative within some
parts of policing that IOPC decision-making is politically motivated, that we are seeking to
prosecute officers and are ‘out to get them’. The facts do not support this.
Fatal police shootings are thankfully very rare, and it is equally rare for the firearms officers
involved to be subject to criminal investigations. In the past 10 years, the IOPC – or our
predecessor the IPCC have undertaken 26 investigations into fatal shootings. In only one
other case have we referred a file of evidence to the CPS to consider a criminal charge for
the officer who fired the shot.

The decision to criminally investigate officer Blake, and later to refer the case to the Crown
Prosecution Service (CPS), were not decisions taken lightly and were made after carefully
considering a significant amount of evidence that we gathered during our investigation.
Given that the evidence we gathered in our investigation indicated that officer Blake’s
decision to shoot and kill Chris Kaba may not have been reasonable, in the circumstances
he believed them to be, it was right that the evidence was heard in open court and put before
a jury, so the officer could be held to account.
If Martyn Blake is acquitted, why doesn’t that automatically result in no CTA for gross
misconduct?
The criminal law test of self-defence applied in the criminal proceedings.  This means that to
Commented
]: Before we go in to the legal tests can
find Martyn Blake guilty, the jury would have had to find, beyond reasonable doubt, that the
we make the simple point that these are diﬀerent
force used by him was unreasonable in the circumstances he honestly believed them to be,
processes for diﬀerent objectives
Criminal trails are about whether you have broken the law
including his belief that his own or other officers’ lives were in immediate danger. The
whereas misconduct is about professional standards in
acquittal means they could not be sure of that.
policing - more akin to ﬁtness to practice as in other
professions
The test for proving misconduct in disciplinary proceedings is different to the one the jury
applied. A disciplinary panel must decide on the balance of probabilities if the force used was
There a 3 objectives set out re purpose of m/c system
necessary, proportionate and reasonable in all the circumstances.  This means that the panel
which we could drop in and use here

will apply the civil law test of self-defence, which requires that the officer’s belief must be


reasonably held in order to rely upon it.  Therefore, the panel will apply a lower standard of
proof and consider if the officer’s belief about the danger he and his colleagues were in was
reasonable, not just whether it was honestly held.
It is not for the IOPC to find if there was misconduct by the officer. The law and guidance, as
confirmed by the Supreme Court in 2023 and in previous case law, requires the IOPC to
direct disciplinary proceedings if a reasonable disciplinary panel could (not would) find that
the force used was not necessary, proportionate and reasonable in all the circumstances.
What was your reasoning for referring the matter to the CPS?
The case was referred to the CPS for a charging decision having applied the relevant legal
tests.
At the conclusion of our investigation in March 2023, we provided a file of evidence to the
Crown Prosecution Service to consider whether Martyn Blake should be charged with a
criminal offence. In September 2023, the CPS authorised the murder charge.
Does the law for murder need to change?
Legislation is a matter for parliament.
Media brieﬁng note:
Brieﬁng Note for media

IOPC brieﬁng note – not for publication until the conclusion of the Martyn Blake trial

This brieﬁng note is intended to provide background context about the IOPC’s investigation into
the fatal police shooting of Chris Kaba in 2022, for media reporting following the conclusion of
the murder trial for Martyn Blake.
It is the responsibility of the media to check with the court and abide by any reporting
restrictions in place. Any contemporaneous court reporting should be based on what is said in
open court.
IOPC investigation
Under the Police Reform Act 2002, the police must refer to the IOPC any circumstances in
which a person has died or sustained a serious injury and:
• they were in custody or under arrest or
• at or before the time of the death or serious injury the person had contact with a person
serving with the police and there is an indication that the contact may have caused or
contributed to the death or serious injury.
The Met’s Directorate of Professional Standards notiﬁed the IOPC that there had been a police
shooting shortly after 11.20pm on 5 September.
An independent investigation was declared and on-call IOPC investigators were sent to the
scene of the shooting. When an independent investigation is declared, the IOPC has direction
and control of the scene.
The scene was forensically examined over the course of three days, with evidence gathered by
IOPC investigators.
We instructed and oversaw forensic work which included:
• A 3-D laser scan of the scene
• The use of a ballistics expert
• The use of a forensic collision investigator
• Forensic examinations of the Audi that Chris Kaba was driving, two police vehicles and a

member of the public’s vehicle that was damaged during the incident.

A search of the Audi and the surrounding area was carried out but no ﬁrearm was located.
IOPC investigators attended two police post incident procedures (PIP) at Leman Street Police
Station in east London. A PIP is where oﬀicers are asked to provide witness statements
following an incident where a member of the public has died or been seriously injured following
police contact.
There were 11 oﬀicers, including Martyn Blake (NX121), and four police vehicles present at the
time the shot was ﬁred. In total there were 23 oﬀicers, including tactical commanders and
advisors in the control room, and further oﬀicers who assisted with ﬁrst aid, that we obtained
accounts from.
Several IOPC investigators went to the scene of the incident and the PIP process to ensure
independent oversight. Other investigators and IOPC staﬀ also provided family liaison support
to Mr Kaba’s family and engaged with various community stakeholders.
Once we had reviewed the available evidence, Martyn Blake was notiﬁed on 9 September that
he was under investigation for murder and for gross misconduct. We decided that he should be
removed from the second post incident process.
All remaining oﬀicers were identiﬁed as key police witnesses and were not under misconduct or
criminal investigation.
Martyn Blake was interviewed under criminal caution on 21 October 2022. He provided a written
response.
We obtained and reviewed in-car footage from four police vehicles, three of which had been
involved in the initial follow of Mr Kaba’s vehicle, and the fourth vehicle that was already present
on Kirkstall Gardens. We also retained body worn video (BWV) from the oﬀicers involved, along
with aerial footage from the National Police Air Service (NPAS).
Investigators conducted house-to-house witness enquiries and CCTV trawls on Kirkstall
Gardens and the surrounding area.
Other police records were reviewed including incident logs and the operational brieﬁng
circulated to oﬀicers ahead of their shift relating to the Audi that was associated with the
ﬁrearms incident reported the previous night.
An account was obtained from a person that Chris Kaba had been speaking to on the phone
while oﬀicers were following the Audi.
Investigators reviewed national and local policies and guidance, including the College of
Policing’s Authorised Professional Practice (APP), the national police ﬁrearms training
curriculum and MPS training material for ﬁrearms oﬀicers. Martyn Blake’s ﬁrearms training
history was also reviewed.

Investigators also obtained a statement from an expert from the College of Policing regarding
the use of enforced stops by ﬁrearms oﬀicers.
Investigators attended the post-mortem and toxicology results were also obtained.
As is common practice for investigations where there is an indication of a criminal oﬀence, the
IOPC liaised with the Crown Prosecution Service (CPS) during the investigation for early advice
following the identiﬁcation of a potential criminal oﬀence.
The IOPC kept Mr Kaba’s family updated throughout our investigation and met with them on a
number of occasions.
Our investigation concluded within seven months and in March 2023, we referred a ﬁle of
evidence to the CPS to determine whether Martyn Blake should be charged. In September 2023
the CPS authorised the murder charge.
In preparation for criminal proceedings, the IOPC commissioned an external company to create
a 3D reconstruction of the incident, showing where each oﬀicer was standing in relation to the
Audi when the shooting occurred.
An anonymity order was made and in March 2024, this was partially lifted by the court and the
oﬀicer could be identiﬁed as Martyn Blake.
Disciplinary proceedings following the trial
At the conclusion of our investigation, the IOPC had to also decide whether any oﬀicers should
face any disciplinary proceedings for potential breaches of the police standard of professional
behaviour.
We decided that Martyn Blake should face a gross misconduct hearing relating to his use of
force and, as required by law, before making that decision ﬁnal, we shared it and our ﬁnal
report, with the Met to provide its view on whether there should be misconduct proceedings.
Disciplinary hearings are usually arranged after criminal matters have concluded.
If Martyn Blake is convicted of murder, an accelerated misconduct hearing may be arranged by
the force.
If the oﬀicer is acquitted, we will review whether disciplinary proceedings remain appropriate,
taking into account the evidence at the trial and any further representations made by the Met.
This review process is standard practice for investigations where an oﬀicer is acquitted of
criminal charges but was also found to have a case to answer for gross misconduct, and we will
liaise with the Met around disciplinary matters following the trial.
It’s important to note that the IOPC does not decide whether an oﬀicer’s actions amount to
gross misconduct – that is the role of a disciplinary panel to determine after considering all of
the evidence.

Previous IOPC/IPCC investigations into fatal police shooting incidents
In the 10-year period spanning 2013/14 – 2023/24, the IOPC, or its predecessor the IPCC, have
undertaken 26 investigations into 28 people who died in police shootings. In the vast majority of
our investigations, no potential misconduct or criminality has been identiﬁed for any oﬀicers.
In 26 investigations, the oﬀicer who ﬁred the fatal shot has been criminally investigated for their
use of force only four times, and in two of those cases, the IPCC/IOPC referred the matter to the
CPS (the fatal shootings of Jermaine Baker and Chris Kaba).
Previous prosecutions of oﬀicers for murder following investigations by the IPCC/IOPC
Since the IPCC was introduced in 2004 (replaced by the IOPC in 2018), only one other oﬀicer
has been charged with murder following a fatal police shooting (the death of Azelle Rodney in
2005). PC Anthony Long was found not guilty of murder following a trial in 2015.
In 2021, PC Benjamin Monk was jailed for eight years for manslaughter over the death of Dalian
Atkinson in 2016, who was Tasered multiple times and kicked in the head. He was cleared of
murder.
ENDS