Statement on gross misconduct proceedings paused for NX121

The Independent Office of Police Conduct has announced it is pausing serving gross misconduct papers on Met firearms officer NX121 until law changes relating to the use of force test in police misconduct cases come into effect.

Deputy Assistant Commissioner James Harman said:

“Following NX121’s acquittal for murder we made strong representations to the Independent Office for Police Conduct that he should not face gross misconduct proceedings. The facts have already been fully tested during a criminal trial, which resulted in a jury returning a unanimous not guilty verdict. In our view, that should have brought this matter to a clear and definitive conclusion.

“We acknowledge the IOPC’s decision to pause proceedings. However, this pause must be as short as possible. NX121’s life has been effectively on hold for more than three years, and every additional delay prolongs the stress and uncertainty that he and his family are living with. We also recognise that this delay will be felt deeply by Mr Kaba’s family, who continue to grieve their loss.

“Complex legal frameworks and extended timelines in cases such as these serve neither officers nor families, nor the wider public who rightly expect transparency and timely resolution. Prolonged processes risk compounding distress for everyone involved. Firearms officers risk their lives and make split-second decisions facing dangerous situations every day - they deserve better.

“We therefore urge the Home Office and Ministry of Justice to move swiftly to implement the reforms recommended by Sir Adrian Fulford and Tim Goodwin to the legal test governing the use of force in misconduct proceedings and thresholds at inquests. These changes are essential to ensuring a fair, consistent and timely approach.”

Background

• We disagreed with the IOPC’s direction that NX121 should face a gross misconduct hearing, given the unanimous acquittal at the Old Bailey and the absence of evidence suggesting a failure in his duties. He made a split‑second decision in response to what he believed to be an immediate threat.
  
• We have repeatedly called for changes to the legal test for the use of force across different proceedings because the current framework is unnecessarily complex and leads to lengthy delays. These delays do not help officers or families seeking closure. We fully recognise the continued impact on Mr Kaba’s family, who are grieving the loss of their loved one and deserve a process that is respectful, clear and timely.
  
• Our firearms officers play a critical role in protecting the public and unarmed colleagues from real and severe threats. They act with exceptional professionalism and caution. In London, officers respond to around 4,000 armed deployments and 800 pre-planned operations each year, arrest around 1,600 dangerous individuals at gunpoint, and seize more than 1,000 firearms and knives annually. Yet, over the past two decades, shots have been discharged at suspects only once or twice a year on average.