It's fascinating and highly revealing to see how the police and government have responded to the arrest of officer NX121 compared to their response to the Casey Review. Following the publication of the Casey review all they've done is downplay, quibble about what 'institutional' means, and belabour their belief that it's just a 'few bad apples' while ignoring its recommendations despite being thoroughly evidenced and highly reasonable, especially given the extent of the rot that was found.
Following the arrest of officer NX121 we've seen a 'rebellion' by the officers in the Specialist Firearms Command due to them 'protesting' their colleague's arrest (the irony of them being encouraged to protest while their colleagues
routinely arrest people for trying to exercise their right to protest isn't lost on me) that has led the Met to call in the
SAS. A call they have since cancelled following the Home Secretary calling for a review and
promising that she will follow the recommendations of that review,
Privately senior sources insisted the home secretary, Suella Braverman, had convinced police leaders she was serious about introducing changes if recommended by the review, with firearms officers believing they risk being persecuted for carrying out their duties and using force.
Along with an open letter written by Sir Mark Rowley, the Metropolitan Police Commissioner, this has apparently been enough to 'ease' the 'concerns' of the officers sufficiently for them to return to patrolling our streets while in possession of deadly firearms.
Sir Mark Rowley's Open Letter to the Home Secretary
The
open letter is worth examining. I'm going to go through it, quoting large parts.
In the UK we proudly police by consent, embracing the principles of accountability, transparency and independent scrutiny. It is essential that we have a system which commands the confidence of officers and the communities they serve.
Of course, where wrongdoing takes place the public expect us to be held to the highest standards. I have been clear on this in all areas of policing, and the use of force must be no exception.
The system that judges officers' actions should be rooted in integrity and decisions should be reached swiftly, competently and without fear or favour.
These opening lines are likely the only part where I will agree with Sir Mark. If we were to describe the current justice system, "swift" is most definitely not a term we would use. Indeed, Chris Kaba's parents have
complained about the slowness of the system. On 5 September 2023, a year after Chris was killed, they put out the following statement,
We demand a charging decision without further delay. Throughout the last year there has been a lack of urgency.
Our family, alongside the community who have supported us over the past year, have been consistent in our call for accountability.
We believe that it was possible within six months of Chris being killed both for the IOPC to complete a well-resourced and effective criminal investigation and for the CPS to provide us with a charging decision.
It is almost unbelievable that a year on we still wait for answers. It is agonising not knowing the CPS decision.
It is unacceptable that we have been failed by the CPS, which has not completed its task urgently or in a timely fashion.
We very much hope that the CPS decide in days (not weeks or months) from now in favour of a prosecution and that the truth will emerge, without further delay, through criminal proceedings.
Our family and community cannot continue waiting for answers.
Chris was so loved by our family and all his friends. He had a bright future ahead of him before his life was cut short. We must see justice for Chris.”
Back to Sir Mark's open letter...
Equally important to speed is that, as he said, investigations should be conducted "competently and without fear or favour". Here we have an arrest following a year-long investigation. Nowhere has anyone - including Sir Mark - suggested that the investigation has been incompetent or prejudiced. Now officer NX121 has been arrested and released on bail the judge has
banned the publication of any information about the defendant, including their description in order to avoid prejudicing the trial, which has been provisionally set for 9 September 2024 - just over 2 years after Chris' death.
Yet despite this arrest being at the end of a long - too long? - and impartial investigation we have seen people outraged. The
Prime Minister and
Home Secretary have implied they think that arresting the officer was wrong. I can't understand how that isn't contrary to the desire to have investigations be conducted 'without fear or favour'. How is anyone in the future going to investigate a similar case properly if they know that if they decide to charge an officer the f.cking Prime Minister is going to say they were wrong? This is the complete opposite of having investigations be conducted without 'fear or favour' and any competent Commissioner would be calling out the Prime Minister and Home Secretary for interfering in an ongoing criminal investigation.
A review is needed to address accountability mechanisms, including the policies and practices of the Independent Office for Police Conduct and the Crown Prosecution Service, ideally with a focus on the threshold for investigating police use of force and involvement in pursuits.
The Casey Review - published in March of this year - found that the Met in general and the Specialist Firearms Command in particular overwhelmingly lacked accountability. Officers in the Command were allowed to act with impunity - as we have seen so glaringly over the last few days - and expect to be above the law.
There's a saying "when you're accustomed to privilege, equality feels like oppression". It feels so apt in this case. These officers are being held to the same standard as anyone else and because they are so unused to it they think they're being treated unfairly. If any of us killed someone while at work then serious questions would be asked. Rightly so. Yet the impression I'm getting from Sir Mark, Suella and Rishi is they think that because these officers are permitted to use deadly force we shouldn't ever question whether they were right to do so. That's insane. We should question them more! They have the authority to kill people, we need to make sure they're only doing so when absolutely necessary and no other options were available. They keep saying about how they have to react quickly, as if that means that we have to accept that mistakes are going to be made and lives lost but it's somehow worth it for the greater good
(the greater good). The last thing we want is trigger-happy officers being given guns, safe in the knowledge that if they do kill someone no-one's going to ask questions and will instead protect them at all costs. We need those officers to be scared that if they pull the trigger to shoot someone, their decision will be scrutinised to the nth degree to ensure they made the right call in ending another person's life.
I have spoken publicly in recent weeks about the need to let the police police. Our commitment to delivering change in the Met is unflinching and we are making positive progress, but that progress is undermined by a system not set up to help officers succeed. I have identified pursuits and use of force as areas where we see the most glaring unfairness.
The Casey review has made it quite clear that letting the 'police police' can only be permitted alongside deep-seated reform of the institution. Sir Mark has made it quite clear that he will implement as few of the Review's recommendations as he possibly can and refuses to accept that there are any institutional problems. He is resolute in his belief that it is a 'few bad apples' and even when those apples wave massive flags screaming 'here we are, we're bad apples' he refuses to see them for what they are and instead welcomes them back when they calm down after their tantrums.
I actually agree with Sir Mark that the system is not set up to help officers succeed, but I doubt he means it the way I do. The Casey review went into great detail about how officers in the BCUs are treated poorly and given little support to do their jobs well. It detailed a culture where non-white, non-male, non-heterosexual officers were bullied and belittled, both by peers and superiors. They were routinely excluded from opportunities that would allow them to advance in the organisation and found that complaining would make the situation worse. The Casey Review gave many recommendations on how to reverse this culture and help these officers succeed, yet Sir Mark refused to accept that there were any 'institutional' issues which means that any progress that is made will be piecemeal, slow and easily reversed.
I make no comment on any ongoing matters that are sub judice but the issues raised in this letter go back further.
Accountability matters, but we should not have allowed ourselves to develop a system where police officers get investigated for safely pursuing suspects, just because the suspect acts recklessly and as a result injures themselves or someone else.
This is unfair on our officers and discourages them from chasing down criminals.
I think these are a set of very telling sentences.
Sentence one - I'm not commenting on Chris Kaba.
Sentence two - officers should be allowed to pursue suspects (I'm not talking about Chris here, honest)
Sentence three - officers shouldn't be discouraged from chasing down criminals (I promise, I'm really not talking about Chris here).
Note how we go from 'pursuing suspects' to 'chasing down criminals'. Remember, Chris was neither. He wasn't named in the briefing on the night of his killing. He wasn't a suspect. He wasn't a criminal. He was an innocent man driving a car at night. The car he was driving did not - as far as we can tell from publicly available reports - belong to a suspect. It was merely 'linked' to an 'incident' involving firearms.
Now, of course, Sir Mark has made it clear in that first sentence that he's not talking at Chris but even if we take him at his word it's telling how he is amping up the threat in the following sentences. And it's clear he thinks there are parallels otherwise why discuss them?
Accountability matters, but we should not have allowed ourselves to develop a system where police officers get investigated for safely pursuing suspects, just because the suspect acts recklessly and as a result injures themselves or someone else.
Ah, victim blaming! I knew we'd get there eventually. It's not the police's fault that Chris acted recklessly. If only he'd acted rationally when blocked in by armed police cars in a residential street he'd still be alive today.
Why shouldn't you have a system that investigates officers when someone gets injured? Can you really be 'safely pursuing' if someone ends up injured? Surely you should be trying to prevent injuries? Doesn't investigating them sound like a good idea to help you learn how to improve procedures and minimise risk? Doctors routinely do morbidity and mortality conferences to analyse adverse outcomes with the aim of learning how to prevent them in the future and improve best practice. Why are the police so against learning from their mistakes?!
It's interesting that in the scenario described about it's only the suspect acting recklessly that could possibly cause someone to be injured. None of the officers involved could act recklessly. It's also interesting that even if injury occurs to a third party as a result of the actions of the suspect no-one's interested in learning how to prevent that in the future. If you get hurt or killed as a result of your colleague chasing a suspect then no-one's interested in learning how to protect your replacement. Sounds great (!).
This is unfair on our officers and discourages them from chasing down criminals.
Why is it unfair? If your actions lead to the injury or death of another then shouldn't you want to know that you did the right thing, and if you didn't want to do instead?
Armed officers know they need to justify their actions, especially when lethal force is used. They are extremely well trained and an intrinsic part of their training reinforces that shots can only be fired if absolutely necessary to save life.
So why are they so against actually justifying those actions? If they are 'extremely well trained' and only shoot when 'absolutely necessary' then they have nothing to fear. It's just a routine investigation that they go through to reassure them and everyone else that they acted responsibly. Who would be against that?
That last part got my brain whirring: "shots can only be fired if absolutely necessary to save life". This suggests that Chris was killed because he was posing an imminent threat to the lives of others. But was he? He was in a car, which can be deadly (you only need to see the number of pedestrian deaths due to collisions with cars to know that). But was killing him 'absolutely necessary'? He was cornered. I don't know what distance away from him the police vehicles were but I doubt they were sufficiently far to let him accelerate to any great extent - it wouldn't be a very good trap otherwise. Plus the police officers could hide behind their vehicles. If they were worried about the car being used to hurt people they could have used any number of devices to impede its travel. He couldn't escape in the car which only meant escaping on foot. They had no evidence he had a firearm - the car was, after all, only 'linked' to a firearms incident and we still don't know what that means and even if there was one in the car they had no evidence that it was within arms reach. They may have suspected he had a weapon but nothing to confirm those suspicions and nothing to demonstrate - as far as I can see - that shooting him through the head was 'absolutely necessary to save life'.
Officers are individually responsible and accountable for their actions. Consequently, we have one of the safest models of armed policing in the world.
First off, if you think the system is fine then why is the review necessary? Secondly, if officers are 'individually responsible and accountable' then why are you so against them having their actions scrutinised?
The fact Sir Mark and others are so eager for this review concerns me deeply. It suggests that they've been assured it will be favourable to them rather than be allowed to draw its own conclusions. So much for investigating 'without fear or favour'. They want to be able to act with impunity. To kill people without ever having to justify their actions; without ever risking serious consequences for acting rashly or carelessly. Police are given a huge amount of power and privilege over the rest of us and there is absolutely nothing wrong with us wanting to be assured that they are acting responsibly. That the Met sees this as preventing them from doing their job is incredibly concerning and suggests they have no intention of actually reforming for the better.