Daniel Machover discusses impact of Supreme Court ruling in Jermaine Baker killing
6 Jul 2023
Head of Civil Litigation Daniel Machover has spoken to Channel 4 News following the Supreme Court’s decision in an appeal brought by the police officer who fatally shot Jermaine Baker.
The officer – known as ‘W80’ – challenged the IOPC’s decision to bring misconduct proceedings, arguing that the police watchdog had applied the wrong legal test for a misconduct case. W80 argued in favour of a criminal law test for disciplinary action which is solely concerned with an officer’s honest belief.
The Supreme Court disagreed and ruled that in the future all decisions on whether to discipline police officers who use force on members of the public are to be made using the civil law test, which includes an assessment of whether a mistaken belief is objectively reasonable.