Officer W80, R (on the application of) v Director General of the Independent Office for Police Conduct & Ors [2020] EWCA Civ 1301 (09 October 2020)

Officer W80, R (on the application of) v Director General of the Independent Office for Police Conduct & Ors [2020] EWCA Civ 1301 (09 October 2020)

The IOPC was justified in concluding that a reasonable disciplinary panel could find misconduct if W80's honest but mistaken belief that his life was threatened was unreasonable. The applicable standard is the statutory requirement that force be necessary, proportionate, and reasonable in all the circumstances, not the criminal law test for self-defence. The Code of Ethics does not override or modify this standard.

Citation
[2020] EWCA Civ 1301
Parties
Claimant/respondent: The Queen (on the application of Officer W80); Defendant/appellant: Director General of the Independent Office for Police Conduct; Interested Party: Commissioner of Police of the Metropolis; Interested Party: Eftehia Demetrio; Interested Party: The College of Policing; Intervener: National Police Chiefs' Council
Jurisdiction
England and Wales
Judgment Date
09 October 2020
Procedural Posture
Judicial Review / Appeal From Divisional Court to Court of Appeal
Outcome
Appeal allowed; Divisional Court order set aside; IOPC direction reinstated.
Legal Topics
Police Misconduct, Use of Force, Self Defence, Professional Standards, Judicial Review, Disciplinary Proceedings
Administrative Law Police Law Employment Law Public Law Police Misconduct Use of Force Self Defence Professional Standards +2 more

Case Brief

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Parties

The Queen (on the application of Officer W80)

Claimant/respondent

Director General of the Independent Office for Police Conduct

Defendant/appellant

Commissioner of Police of the Metropolis

Interested Party

Eftehia Demetrio

Interested Party

The College of Policing

Interested Party

National Police Chiefs' Council

Intervener

Procedural Posture

Judicial Review / Appeal From Divisional Court to Court of Appeal

Legal Issues

  1. 1 Whether the IOPC was justified in directing disciplinary proceedings against Officer W80 based on the standard of professional behaviour regarding use of force.
  2. 2 Whether the applicable test for police misconduct in use of force cases is the criminal law test for self-defence or the objective standard in the 2012 Regulations and Code of Ethics.

Ratio Decidendi

The IOPC was justified in concluding that a reasonable disciplinary panel could find misconduct if W80's honest but mistaken belief that his life was threatened was unreasonable. The applicable standard is the statutory requirement that force be necessary, proportionate, and reasonable in all the circumstances, not the criminal law test for self-defence. The Code of Ethics does not override or modify this standard.

Court Disposition

Appeal allowed; Divisional Court order set aside; IOPC direction reinstated.

Orders

  • The appeal is allowed.
  • The order of the Divisional Court is set aside.