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Army called in as Met firearms officers put down their guns
Martin Evans
Sun, September 24, 2023
Met Police
Soldiers will be drafted in to replace armed police officers following a mass walkout by firearms teams to protest against the decision to charge one of their colleagues with murder.
More than 300 officers – 10 per cent of all firearms staff – have refused to carry a gun, forcing Scotland Yard to submit a formal request to the Ministry of Defence (MoD) for help with counter-terror policing.
On Sunday Sir Mark Rowley, the Metropolitan Police commissioner, issued an open letter calling for an overhaul of the way police officers are treated by the justice system and better legal protection for those who use force while on duty.
His comments came just hours after Suella Braverman, the Home Secretary, gave her backing to firearms officers and said she would launch a review “to ensure they have the confidence to do their jobs while protecting us all”.
The Telegraph understands that special forces could be asked to step in to cover for Counter Terrorism Specialist Firearms Officers, who are among those currently refusing to carry guns.
The unit is on duty round the clock to provide a response should there be a major terrorist incident.
The walkout came after an officer, identified as NX121, appeared in court accused of murdering Chris Kaba, 23, an unarmed black man who was shot dead during a police operation in south London last September.
Chris Kaba
The decision by the Crown Prosecution Service to charge the marksman sparked a huge backlash, with many specialist firearms officers saying they were no longer willing to run the risk of ending up in court for doing their job.
The Metropolitan Police’s decision to ask the MoD for help came after some firearms officers in other parts of the country refused to help, in solidarity with their London colleagues.
A Metropolitan Police spokesman said: “The Ministry of Defence has agreed to a request to provide the Met with counter-terrorism support should it be needed.
“This is a contingency option that would only be used in specific circumstances and where an appropriate policing response was not available.
“Armed forces personnel will not be used in a routine policing capacity. We will keep the need for the support under constant review.”
The officer accused of murdering Kaba appeared at Westminster Magistrates’ Court and then the Old Bailey on Thursday.
An anonymity order meant he could not be named but that order is to be reviewed on Friday.
Sources have told The Telegraph that the outcome of that hearing at the Old Bailey could be a factor in armed officers deciding whether to return to work.
A source said: “There is so much anger around this decision. The feeling is among AFOs [authorised firearms officers] that it is just not worth it.
“You don’t get paid any extra for carrying a gun and if something goes wrong you can end up on trial for murder looking at serving a life sentence. Is there any wonder they are saying ‘I’m out?’”
On Sunday, Mrs Braverman ordered a review and said officers must not fear ending up in the dock.
Mrs Braverman tweeted:
She added: “That’s why I have launched a review to ensure they have the confidence to do their jobs while protecting us all.”
Welcoming the review, Sir Mark called for changes to the way the justice system treats officers.
He said armed officers in the Metropolitan Police responded to about 4,000 incidents every year but only discharged their weapons on average twice, representing less than 0.05 per cent.
In an open letter, he said: “Armed officers know they need to justify their actions, especially where 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.
“But there is concern on the part of firearms officers that even if they stick to the tactics and training they have been given, they will face years of protracted legal proceedings which impact on their personal wellbeing and that of their family.”
He called for more clarity in the law as to when officers could defend themselves and a quicker resolution to investigations and prosecutions.
Firearms officers are highly trained, making it difficult to replace them at short notice.
They face reviews twice a year but do not get any extra pay for volunteering to carry a weapon.
Need for ‘sufficient legal protection’
In his letter, Sir Mark said he was proud of the “policing by consent” model in the UK and that the public relied on “on officers who are willing to put themselves at risk on a daily basis to protect the public from dangerous criminals, including terrorists”.
He added: “Officers need sufficient legal protection to enable them to do their job and keep the public safe, and the confidence that it will be applied consistently and without fear or favour.”
One area of the Metropolitan Police that has been significantly hit is the armed response vehicle units that contain three firearms officers and patrol the capital 24 hours a day, providing quick responses in the event of a major incident.
Sources have told The Telegraph that the unit has been severely depleted over the weekend, with officers from neighbouring forces called in to provide cover.
An MoD spokesman said: “We have accepted a Military Aid to the Civil Authorities request from the Home Office to provide routine counter-terrorism contingency support to the Metropolitan Police, should it be needed.”
Military personnel will only assist the police if needed with specific tasks and will not have powers of arrest. They are not expected to be used to perform the routine duties of unarmed officers.
Soldiers have previously been requested by government departments to assist with the Government’s Covid task force and to help when large parts of the country have been flooded.
In December last year, military personnel and civil servants filled in at major airports, including Gatwick and Heathrow, for 1,000 Border Force officers who were on strike over pay. Like police, members of the military cannot strike.
There was significant backlash from the Armed Forces when they were asked to give up their Christmas in 2022 to cover for striking NHS workers.
Met commissioner demands better legal protection for armed police
Martin Evans
Sun, September 24, 2023
Sir Mark Rowley has welcomed the review launched by Suella Braverman, the Home Secretary - James Manning/PA
The Met Commissioner has demanded an overhaul of the way police officers are treated by the justice system amid a growing row over the decision to charge a firearms specialist with murder.
Sir Mark Rowley called for better legal protection for officers who used force while on duty and said there must be more clarity about their right to defend themselves.
He also criticised the pace of the justice system, saying that even when officers followed their training and tactics they could still end up facing years of protracted legal proceedings.
His comments came in a letter to Suella Braverman, who on Sunday voiced her support for armed officers saying they must not fear “ending up in the dock”.
The Home Secretary said she had launched an official review days after an armed policeman was charged with murdering Chris Kaba, a 23-year-old black man, who was shot dead while driving through south London in November 2022.
Thrown into turmoil
The Met has been thrown into turmoil after hundreds of authorised firearms officers laid down their weapons in protest at the decision by the Crown Prosecution Service (CPS) to charge the officer.
In a letter from Sir Mark to Ms Braverman, he said: “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.”
He added: “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.”
Sir Mark said that he would like the review to consider changes to regulations or primary legislation, such as an amendment to ensure the application of the “subjective criminal law test for self-defence in police misconduct, not the objective civil test”.
It is thought this would mean officers might find it easier to claim they killed someone in self-defence if they were prosecuted having used force in the line of duty.
“One simple test will avoid delay, simplify the process and provide better protection for the public service,” he added.
Sir Mark said he also wanted the review to consider legal changes so that a criminal standard of proof for unlawful killing, known as “beyond reasonable doubt”, was introduced in inquests and inquiries, where the burden of proof is normally “on the balance of probabilities”.
“This will avoid the confusion caused when different conclusions are reached in criminal and coronial cases,” he added.
Sir Mark said that a review should consider “changes to the threshold at which the IOPC [Independent Office for Police Conduct] can launch criminal or misconduct investigations” adding that too often investigations were announced when only a “minimal interrogation of the facts” had taken place, which damaged public confidence.
“The IOPC should not be able to launch such investigations based only on a mere ‘indication’ of an offence or wrongdoing. It would be more sensible for the threshold to be a ‘reasonable suspicion’ as in most other cases of criminal law.”
He suggested officials should look into the “introduction of time limits for the IOPC and CPS in order to reduce the punitive impact on officers of lengthy investigatory and legal processes and ensure the public see rapid resolutions where wrongdoing has occurred”.
Sir Mark raised the case of two officers who fired shots at a serious criminal who was part of a dangerous gang responsible for armed robberies across London. After waiting for two years to be charged, and another year on bail, they were cleared when the CPS offered no evidence, accepting that there was no realistic prospect of conviction.
Speaking before Sir Mark’s letter, Mrs Braverman tweeted: “We depend on our brave firearms officers to protect us from the most dangerous and violent in society.
“In the interest of public safety they have to make split-second decisions under extraordinary pressures.
“They mustn’t fear ending up in the dock for carrying out their duties. Officers risking their lives to keep us safe have my full backing and I will do everything in my power to support them.”
Chief Constable Andy Marsh, CEO of the College of Policing, backed the review, saying: “Police officers undertake a job like no other and many will face risks every day that most people will never experience in their lifetime.”
He added: “It is vital we fully understand how the system that holds officers accountable for their actions can also acknowledge the significant additional risks they face.
“No officer should ever be above the law or have to face unnecessary burdens because of a lack of legal clarity.”
Former firearms officers have spoken out to say they support those who have walked out and would have joined them.
Speaking to BBC’s The World This Weekend, Harry Tangye, a former firearms officer, said: “I was on armed response for 23 years. I was on VIP protection with all the royalty and the government officials. Would I put my weapon down today? Yes I would hand it in. It’s not worth it.”
He added: “Every police officer, I can assure you, with a gun, hopes every day they put on that uniform and put the gun in their holster that it’s not them who has to shoot. Any police officer out there now, if they delay in shooting when they feel that someone’s life is at risk, be it their own, be it another officer or be it a civilian, they’re going to think twice and somebody is going to get badly hurt.”
Army called in over Met police crisis as officers refuse to carry guns after colleague charged with murder
Barney Davis
Sun, September 24, 2023
The army is on standby to cover for Met Police firearms officers who are refusing to carry guns after a colleague was charged with murder.
An unnamed marksman was charged this week over the death of Chris Kaba in south London last year, prompting a protest from Met officers who turned in their weapons and stepped back from their duties sparking yet another crisis for Scotland Yard.
It comes as Suella Braverman has been accused of “interfering” in a live prosecution, after commenting on the ongoing case on social media. On Sunday, the home secretary said she had ordered a review into armed policing, adding “we depend on our brave firearms officers to protect us”.
Her comments on Twitter were met with criticism from Labour MPs – including former shadow attorney general Karl Turner and shadow business secretary John Denham – alongside human rights lawyers and a former chief prosecutor.
Unarmed Mr Kaba was killed by a single gunshot through the windscreen of a vehicle in Streatham Hill in September 2022.
Since the charge was announced, more than 100 armed police officers have turned in their permits allowing them to carry firearms, according to the BBC, with the Ministry of Defence now offering the support of armed soldiers to London police.
Ms Braverman said she had launched a review “to ensure they [armed officers] have the confidence to do their jobs while protecting us all” – although it is not clear who is to carry out the review, and what it could lead to exactly.
Chris Kaba is remembered by his family and their supporters at New Scotland Yard on 9 September (Getty)
“We depend on our brave firearms officers to protect us from the most dangerous & violent in society,” she said. “In the interest of public safety they have to make split-second decisions under extraordinary pressures.
“They mustn’t fear ending up in the dock for carrying out their duties. Officers risking their lives to keep us safe have my full backing & I will do everything in my power to support them.”
Her comments quickly attracted criticism, including from Nazir Afzal, chief crown prosecutor for northwest England from 2011 to 2015, who wrote on Twitter: “This is the HOME SECRETARY intervening in an ongoing prosecution There is no justification for doing so. Would briefing police representatives privately not have sufficed? No, she has to publicly interfere and potentially, adversely, impact the case.”
Strict legal laws apply to publishing statements which could prejudice a jury at a trial and subsequently be held to be contempt of court. There have been incidents where cases have been dropped, or reheard, due to information or opinions being shared during a live prosecution case.
Former shadow business secretary John Denham asked on social media: “Has there ever in modern times been a worse, more ill-judged interference by a home secretary in the course of a criminal prosecution?”
Mr Kaba was shot and killed in south London in 2022 (PA Media)
Labour MP and lawyer Karl Turner, a former shadow attorney general, said: “It is incredibly ill-advised for any government minister, not least a former attorney general, and current home secretary to be commenting on a criminal prosecution. Any such comment risks unfairly influencing the outcome of a court case and is, potentially, a contempt of court.”
And human rights lawyer Shoaib Khan added: “Is this the home secretary publicly commenting about an ongoing murder case? If only she was a barrister and former attorney general or something, so knew the law.”
Last week, after the firearms officer was charged with Mr Kaba’s murder, Rosemary Ainslie, head of the CPS Special Crime Division, reminded “all concerned that criminal proceedings against the officer are active and that he has the right to a fair trial”.
She added: “It is extremely important there should be no reporting, commentary or sharing of information online which could in any way prejudice these proceedings.”
Armed officers have turned in their weapons due to concerns following a colleague being charged with murder (PA)
Met commissioner Sir Mark Rowley and senior officers have held a series of meetings with around 70 firearms officers this week to discuss officers’ concerns over the murder charge. On Sunday he welcomed the review announced by the Home Secretary.
“There is a concern on the part of firearms officers that even if they stick to the tactics and training they have been given, they will face years of protracted legal proceedings which impact on their personal wellbeing and that of their family,” he said. “While previous reviews have been announced, they have not delivered change.
“Carrying a firearm is voluntary. We rely on officers who are willing to put themselves at risk on a daily basis to protect the public from dangerous criminals, including terrorists. Officers need sufficient legal protection to enable them to do their job and keep the public safe, and the confidence that it will be applied consistently and without fear or favour.”
A Met Police spokesperson added: “Many are worried about how the decision impacts on them, on their colleagues and on their families. They are concerned that it signals a shift in the way the decisions they make in the most challenging circumstances will be judged.
“A number of officers have taken the decision to step back from armed duties while they consider their position. That number has increased over the past 48 hours.
“The Met has a significant firearms capability and we continue to have armed officers deployed in communities across London as well as at other sites including parliament, diplomatic premises, airports etc.
“Our priority is to keep the public safe. We are closely monitoring the situation and are exploring contingency options, should they be required.”
The police officer charged with Mr Kaba’s murder is set to return to court for a plea and trial preparation hearing on 1 December, ahead of a possible trial date of 9 September next year.
Counter-terrorism police among Met officers handing in weapons after colleague charged with murder
Martin Evans
Sat, September 23, 2023
Counter-terrorism specialists are among a growing number of Met police officers who have handed in their weapons in the backlash over one of their colleagues being charged with murder - NurPhoto/NurPhoto
Counter-terrorism specialists are among a growing number of Met officers who have handed in their weapons in the backlash over one of their colleagues being charged with murder, The Telegraph can reveal.
Firearms teams who man crucial Armed Response Vehicles (ARVs) are refusing to work, leaving Scotland Yard bosses desperately scrabbling to maintain patrols.
The teams are often the first on the scene in a major incident such as a terror attack and were the initial responders to the London Bridge and Fishmongers’ Hall atrocities.
It is understood the Met has asked other forces for support, but armed officers from elsewhere are refusing to fill their gaps in solidarity with their London-based colleagues.
A number of Counter-Terrorist Specialist Firearms Officers (CTSFOs) are also understood to have stepped back from their duties in recent days.
While Scotland Yard has insisted it maintains a “significant firearms capability”, there is mounting concern that if the row is not resolved it could have major security implications.
The crisis began on Thursday when a Met firearms officer, known only as NX121, was charged with murdering Chris Kaba, a black man in his early 20s, who was shot dead as he was driving through south London last September.
Chris Kaba was shot dead by police as he was driving through south London last September - Universal News And Sport Europe/UNPIXS
Just hours later dozens of Met officers from SCO19, the specialist firearms command, handed in their authorisations to carry guns.
Sources said they were not only angry at the decision by the Crown Prosecution Service (CPS) to charge NX121 with murder, but also with the perceived lack of support from the Commissioner and the London Mayor, Sadiq Khan, for their colleague, who is now expected to stand trial next year.
One firearms officer told The Telegraph: “I have never known so much anger among my colleagues. Things have been bad for a while but this is the straw that broke the camel’s back.
“People are being asked to go out and face danger every day. These are highly trained professionals but they have no confidence any more that they will have the backing of the Met if something goes wrong.
“Nottinghamshire, West Midlands, Essex and Greater Manchester Police have all refused to help out.”
A Scotland Yard spokesman said: “Senior officers, including the Commissioner, have been meeting with firearms officers in recent days as they reflect on the CPS decision to charge NX121 with murder.
“Many are worried about how the decision impacts on them, on their colleagues and on their families. They are concerned that it signals a shift in the way the decisions they take in the most challenging circumstances will be judged.
“A number of officers have taken the decision to step back from armed duties while they consider their position. That number has increased over the past 48 hours.
“We are in ongoing discussions with those officers to support them and to fully understand the genuinely held concerns that they have.
“The Met has a significant firearms capability and we continue to have armed officers deployed in communities across London as well as at other sites including Parliament, diplomatic premises, airports etc.
“Our priority is to keep the public safe. We are closely monitoring the situation and are exploring contingency options, should they be required.”
Chris Kaba: Everything that has happened since armed police officer charged with murder
Ellen Manning
Sun, September 24, 2023
The decision to charge an armed police officer with murder has sparked a review into armed policing, and prompted over 100 officers to step back from armed duties. (Stock image: Getty)
What's happening?
Home Secretary Suella Braverman has ordered a review into armed policing as the fallout continues following the murder charge of a police officer in relation to the death of an unarmed man.
More than 100 police officers have reportedly stepped back from their firearms duties after an unnamed Met Police officer appeared in court on Thursday charged with the murder of Chris Kaba in the capital in September last year.
The decision to charge the officer, who is named only as NX121, has sparked discussions around how it will impact firearms officers in the future.
As the Home Secretary ordered a review into armed policing, she said firearms officers have to make "split-second decisions" and "mustn’t fear ending up in the dock for carrying out their duties".
The comments, written on X, prompted critics to accused Braverman of interfering in a live prosecution.
Read more: Officers ‘anxious’ after marksman charged with Chris Kaba murder – Met chief (PA Media)
Yahoo News looked at everything that has happened since Chris Kaba was shot dead, and the fallout of the decision to charge a Met Police officer.
What happened to Chris Kaba?
Chris Kaba was shot dead by an armed police officer in London in September 2022. (Family handout)
Kaba died after a police operation in Streatham Hill, south-east London, in September last year.
In the moments before the shooting, the 24-year-old - who was unarmed - had turned into Kirkstall Gardens and collided with a marked police car.
An armed officer fired one shot that passed through the windscreen of the car that Kaba was driving and hit him in the head.
Officers at the scene provided first aid to Kaba before he was taken to King’s College Hospital, where he was pronounced dead at 12.16am on 6 September 2022.
His death sparked protests in cities across the UK and an investigation was launched by the IOPC, the police watchdog.
Earlier this month, Kaba's parents led a protest in London to mark the one-year anniversary of his death and to call for answers.
Read more: Chris Kaba: Parents of man shot by police call for justice a year after his death (Sky News)
What has happened now?
After a year of campaigning, it was announced this week that a Met Police officer would appear in court charged with murder in relation to the fatal shooting.
The officer, who has been named only as NX121 after a district judge granted an anonymity order, appeared at Westminster Magistrates’ Court and the Old Bailey on Thursday.
He was granted bail and is set to return to court in December.
The decision to charge the officer prompted a number of officers - rumoured to be more than 100 - to step back from their firearms duties and "consider their position" amid concerns of the possible ramifications.
The Met Police said senior officers, including the force's commissioner, had been meeting with firearms officers to listen to their concerns.
A spokesman for the force said: "Many are worried about how the decision impacts on them, on their colleagues and on their families.“
"They are concerned that it signals a shift in the way the decisions they make in the most challenging circumstances will be judged.
"A number of officers have taken the decision to step back from armed duties while they consider their position. That number has increased over the past 48 hours."
The situation meant officers from neighbouring forces had stepped in to help patrol London - where armed officers cover areas including Parliament, diplomatic premises, airports and some communities.
Read more: Chris Kaba: Liz Truss won't comment on killing of unarmed Black man while country is mourning the Queen (Yahoo News UK)
What will happen now?
Suella Braverman has announced a review into armed policing. (Getty)
As the situation continued to develop, on Sunday Home Secretary Suella Braverman said she had launched a review into armed policing, saying officers must "have the confidence to do their jobs".
She wrote on X, formerly Twitter: "We depend on our brave firearms officers to protect us from the most dangerous and violent in society.
"In the interest of public safety they have to make split-second decisions under extraordinary pressures.
"They mustn’t fear ending up in the dock for carrying out their duties. Officers risking their lives to keep us safe have my full backing and I will do everything in my power to support them.
"That’s why I have launched a review to ensure they have the confidence to do their jobs while protecting us all."
Her comments prompted some to accuse the Home Secretary of interfering in a live criminal case.
Among those were Nazir Afzal, former chief crown prosecutor for North West England, who said there was "no justification" for her comments.
Meanwhile, it was suggested that soldiers could be drafted in to fill in for armed police, with Scotland Yard said to have asked for military support for counter-terrorism duties if armed officers were unavailable due to the number how had stood down.
Read more: Suella Braverman accused of ‘interfering’ in case of police marksman charged with murder (Independent)
Some UK police put down guns after an officer is charged with murder in the shooting of a Black man
JILL LAWLESS
Updated Sun, September 24, 2023
FILE - This is an undated file family photo issued by charity INQUEST of Chris Kaba. London’s police force says some officers are refusing to conduct armed patrols after a police marksman was charged with murder over the shooting of an unarmed Black man. An officer was charged with murder on Thursday, Sept. 21, 2023 over the September 2022 shooting of Chris Kaba, 24. (INQUEST via AP, File)
LONDON (AP) — London’s police force said Sunday that some officers are refusing to conduct armed patrols after a colleague was charged with murder in the fatal shooting of an unarmed Black man.
A Metropolitan Police marksman was charged Wednesday over the September 2022 death of Chris Kaba, 24. Kaba was killed after officers in an unmarked vehicle pursued and stopped the car he was driving. He was struck by a single bullet fired through the windshield as he sat in the Audi car.
The case renewed allegations of institutional racism within the London police department. Kaba’s family welcomed the murder charge against the officer, who has not been publicly named. He was granted conditional bail and is expected to stand trial next year.
Only about one in 10 of London’s police officers carry firearms, and the ones that do undergo special training.
The Metropolitan Police force said Sunday that “a number of officers have taken the decision to step back from armed duties while they consider their position.” It said officers were concerned that the murder charge “signals a shift in the way the decisions they make in the most challenging circumstances will be judged.”
The BBC said more than 100 officers had turned in their firearm permits and that police from neighboring forces were called in to help patrol London on Saturday night.
The force said it still had “significant firearms capability," but had asked the Ministry of Defense to provide assistance with “counterterrorism support should it be needed.”
The request means soldiers could be called on to do specific tasks the police are unable to perform, but they won't perform routine police work or have the power of arrest.
Home Secretary Suella Braverman, who is in charge of policing for the U.K.’s Conservative government, said she would review armed policing to ensure that armed officers “have the confidence to do their jobs.”
“In the interest of public safety, they have to make split-second decisions under extraordinary pressures,” Braverman posted on X, formerly known as Twitter. “They mustn’t fear ending up in the dock for carrying out their duties. Officers risking their lives to keep us safe have my full backing, and I will do everything in my power to support them.”
Fatal shootings by police in the U.K. are rare. In the year to March 2022, armed officers in England and Wales fired weapons at people four times, according to official statistics.
It is also extremely rare for British police officers to be charged with murder or manslaughter over actions performed while they were on duty.
In one of the few cases in recent years, a police constable was sentenced in 2021 to eight years in prison for the killing of Dalian Atkinson, a former professional soccer player who died after being shot by a stun gun and kicked in the head during an altercation. The officer, Benjamin Monk, was cleared of murder but convicted of manslaughter.
Kaba's shooting came amid intense scrutiny of the Metropolitan Police. In 2021, an officer pleaded guilty to kidnapping, raping, kidnapping and killing Sarah Everard, a 33-year-old woman who disappeared while walking home from visiting a friend. Another officer, who worked in the same parliamentary and diplomatic protection unit, pleaded guilty in January to committing dozens of rapes between 2003 and 2020.
In March an independent review found the London force had lost public confidence because of deep-seated racism, misogyny and homophobia.
The force says it is committed to rooting out misconduct, and has dismissed about 100 officers for gross misconduct over the past year. But it said last week it could take years to remove all corrupt officers.
