Officer W80, R (on the application of) v Director General of the Independent Office for Police Conduct & Ors

Officer W80, R (on the application of) v Director General of the Independent Office for Police Conduct & Ors

The applicable conduct standard and Code of Ethics require police officers to use force only if it is necessary, proportionate, and reasonable in all the circumstances. The disciplinary panel may find misconduct if an officer's honest but mistaken belief that their life was threatened was unreasonable. The criminal or civil law tests for self-defence do not override the statutory standard, which must be interpreted according to its plain meaning.

Parties
Claimant/respondent: THE QUEEN (on the application of OFFICER W80); Defendant/appellant: DIRECTOR GENERAL OF THE INDEPENDENT OFFICE FOR POLICE CONDUCT; Interested Party: THE COMMISSIONER OF POLICE OF THE METROPOLIS; Interested Party: EFTEHIA DEMETRIO; Interested Party: THE COLLEGE OF POLICING; Intervener: THE NATIONAL POLICE CHIEFS’ COUNCIL
Jurisdiction
England and Wales
Judgment Date
09 October 2020
Procedural Posture
Judicial Review / Appeal From Divisional Court
Outcome
Appeal allowed; Divisional Court order set aside.
Legal Topics
Police Misconduct, Use of Force, Self Defence, Disciplinary Proceedings, Standards of Professional Behaviour
Administrative Law Police Law Employment Law Police Misconduct Use of Force Self Defence Disciplinary Proceedings Standards of Professional Behaviour

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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

THE COMMISSIONER OF POLICE OF THE METROPOLIS

Interested Party

EFTEHIA DEMETRIO

Interested Party

THE COLLEGE OF POLICING

Interested Party

THE NATIONAL POLICE CHIEFS’ COUNCIL

Intervener

Procedural Posture

Judicial Review / Appeal From Divisional Court

Legal Issues

  1. 1 Whether the IOPC was justified in directing misconduct proceedings against W80 based on the applicable conduct standard and Code of Ethics.
  2. 2 Whether the criminal or civil law test for self-defence applies in police misconduct proceedings.
  3. 3 Interpretation of the 'use of force' standard in the Police (Conduct) Regulations 2012 and the Code of Ethics.

Ratio Decidendi

The applicable conduct standard and Code of Ethics require police officers to use force only if it is necessary, proportionate, and reasonable in all the circumstances. The disciplinary panel may find misconduct if an officer's honest but mistaken belief that their life was threatened was unreasonable. The criminal or civil law tests for self-defence do not override the statutory standard, which must be interpreted according to its plain meaning.

Court Disposition

Appeal allowed; Divisional Court order set aside.

Orders

  • The IOPC’s Direction to the Metropolitan Police to issue a Notice of Referral to Misconduct Proceedings under regulation 21 of the 2012 Regulations was not issued in error.
  • The order of the Divisional Court quashing the IOPC’s decision is set aside.