Jermaine Baker Inquiry

There should be clearer guidance from the MPS, College of Policing and/or the NPCC on the separation of roles between the Senior Investigating Officer (SIO) and the Tactical and Strategic Firearms Commanders (TFC and SFC). The guidance should be clear that not only should the SIO and TFC/SFC be different individuals, but the importance of the separation of responsibilities under those roles should also be emphasised.

In October 2022, the College of Policing stated that it was drafting amendments to national armed policing guidance and training curriculum content to further clarify and emphasise the separation of command and investigation responsibilities (Andy Walker response, Oct 2022). The Metropolitan Police Service reported in the same month that an interim policy remained in force requiring strategic firearms commanders to come from its firearms command to guarantee separation from investigators (Metropolitan Police Service response, Oct 2022). The record holds no update since the College of Policing's response of October 2022 (Andy Walker response, Oct 2022).

Training should emphasise that multidimensional risk assessments must be carried out throughout police operations, including the planning and briefing of operations. Those risk assessments should assess the future threat and risk at all stages of the operation.

In October 2022, the College of Policing stated that the national armed policing training curriculum emphasised multidimensional threat assessment throughout operations, and it was drafting an amendment to Authorised Professional Practice to detail the requirement further (Andy Walker response, Oct 2022). The Metropolitan Police Service reported in October 2022 that it was supporting the development of national command log templates to assist commanders in recording these assessments (Metropolitan Police Service response, Oct 2022). The record holds no update since the College of Policing's response of October 2022 (Andy Walker response, Oct 2022).

Appropriate training and refresher courses on the usage and completion of FA (and equivalent) forms should be made compulsory for firearms commanders and Tactical Advisors.

In October 2022, the College of Policing stated that it was reviewing firearms commander training programmes to ensure that sufficient time is dedicated to completing command logs (Andy Walker response, Oct 2022). The Metropolitan Police Service reported in the same month that it had set aside training time for firearms authorisation forms, but noted that further training in their use and completion remained outstanding pending national command log revisions (Metropolitan Police Service response, Oct 2022). The record holds no update since the Metropolitan Police Service's response of October 2022 (Metropolitan Police Service response, Oct 2022).

Only those officers who have received the requisite training and accreditation should be posted to a Covert Monitoring Post (CMP).

The Inquiry recommended staffing covert monitoring posts exclusively with trained, accredited officers. In October 2022, the Metropolitan Police Service reported that internal guidance restricts postings to trained and authorised personnel, that all its operatives met applicable standards, and that further courses running through January 2023 would train 60 additional managers (Metropolitan Police Service response, Oct 2022). In a letter that month, Chris Haward, National Police Chiefs' Council (NPCC) Lead for Surveillance, stated that relevant standards were published on the College of Policing Learning Hub to widen access, with an ambition to ensure all training is delivered by the College or recognised providers (Chris Haward response, Oct 2022). The record holds nothing dated later than the response of October 2022 (Metropolitan Police Service response, Oct 2022).

There should be clear and unequivocal written guidance for the CMP from the TFC as to the key information and intelligence that is being sought.

The Inquiry recommended clear written guidance from tactical commanders to covert monitoring posts. In October 2022, the Metropolitan Police Service reported that an amended Surveillance Manual of Standards addressing the recommendation was in draft under National Police Chiefs Council (NPCC) governance following review by the National Covert Monitoring Post Working Group (Metropolitan Police Service response, Oct 2022). Earlier in October 2022, Chris Haward, NPCC Lead for Surveillance, stated that the manual would be updated to require post decision logs to record written guidance from commanders on key intelligence sought (Chris Haward response, Oct 2022). The record holds nothing dated later than the response of October 2022 (Metropolitan Police Service response, Oct 2022).

The training referred to in paragraph 15.11 must emphasise the importance of covert monitoring officers (CMOs) making accurate notes of: (a) what they have heard; and (b) what they have passed on.

The Inquiry asked for covert monitoring officer training to emphasise accurate note-taking. In October 2022, the Metropolitan Police Service stated that accurate note-taking and organised dissemination systems are explored in its covert monitoring post awareness course and H2 training (Metropolitan Police Service response, Oct 2022). That same month, Chris Haward, National Police Chiefs Council (NPCC) Lead for Surveillance, stated that surveillance standards would be strengthened to require staff to maintain an accurate contemporaneous record of what they have heard and what they have passed on (Chris Haward response, Oct 2022). The record holds nothing dated later than the response of October 2022 (Metropolitan Police Service response, Oct 2022).

CMPs should not be established without the appointment of a properly trained CMP manager, whose responsibility it should be to appoint a team of CMOs, once satisfied from proper assessment as to their qualifications and ability.

The Inquiry recommended requiring trained managers to oversee covert monitoring posts and appoint staff. In October 2022, the Metropolitan Police Service stated that internal guidance reaffirmed that covert monitoring posts cannot be established without an accredited manager, who appoints appropriately trained operatives and whose appointment must be verified before technical surveillance support is approved (Metropolitan Police Service response, Oct 2022). In October 2022, Chris Haward, National Police Chiefs' Council (NPCC) Lead for Surveillance, stated in a letter that national surveillance standards were being updated to require that an appointed manager ensure all post staff are competent, licensed, and authorised (Chris Haward response, Oct 2022). The record holds nothing dated later than the response of October 2022 (Metropolitan Police Service response, Oct 2022).

APP-AP should be amended to cover the following: a. Sustained public protection should never be the object of an operation unless and until there is a clearly recorded note of the possible charge(s) that are anticipated, the evidence that will be required to establish guilt, the evidential (and, if appropriate, geographical) tipping points, and the probable sentence – expressed if necessary as a range within which the sentence is likely to fall, at the conclusion of any trial. b. This may necessitate the involvement of the Crown Prosecution Service (CPS), whose early advice should be sought if there is any uncertainty as to any of the matters set out in paragraph 15.16a. c. Written sentencing guidelines exist for almost all serious offences and, like the Criminal Procedure Rules (see paragraph 15.21), should be readily accessible to inform any opinion as to the probable sentence (see paragraph 15.16a).

In October 2022, Andy Walker for the College of Policing and NPCC Armed Policing stated that the bodies were seeking legal and Crown Prosecution Service advice regarding necessary amendments to current guidance (Andy Walker response, Oct 2022). The Metropolitan Police Service stated in the same month that it was considering the recommendation and any contribution it could make to the response, observing that sustained public protection is broader than conviction and imprisonment alone (Metropolitan Police Service response, Oct 2022). The record holds no update since the Metropolitan Police Service's response of October 2022 (Metropolitan Police Service response, Oct 2022).

Police medic training should emphasise that, in cases of catastrophic external torso haemorrhage, the immediate action is to apply direct pressure and then progress directly to using haemostatic gauze. Chest seals should only be used where there is no evidence of ongoing catastrophic haemorrhage.

In October 2022, the College of Policing stated that a working group was reviewing its First Aid Learning Programme to reprioritise life-preserving learning outcomes, with catastrophic bleeding management already established as a priority (Andy Walker response, Oct 2022). The Metropolitan Police Service stated in the same month that an internal review found no gap in its own medic training, though it had added a scenario addressing upper chest and neck bleeding and consulted national armed policing (Metropolitan Police Service response, Oct 2022). The record holds no update since the Metropolitan Police Service's response of October 2022 (Metropolitan Police Service response, Oct 2022).

Training should be made mandatory for command officers in the use of the Computer Logging of Intelligence Operations (CLIO) system and the Serious Organised Crime Tasking and Briefing (SOCTAB) system (a firearms version of CLIO which has specific tabs created in it and lends itself to firearms deployments). This should include training to enable the CLIO system to be compatible with the FA forms.

In October 2022, the College of Policing stated that this recommendation was addressed within its response to recommendations 3, 4 and 5 (Andy Walker response, Oct 2022). The Metropolitan Police Service reported on 28 October 2022 that MO3 had led work on improving CLIO training and command-level usage, and that requirements for future capabilities were factored into an ongoing procurement process (Metropolitan Police Service response, Oct 2022). The record holds no update since the Metropolitan Police Service's response of October 2022 (Metropolitan Police Service response, Oct 2022).

Consideration should be given to the introduction of a practice requiring, as an alternative to a face-to-face interview, the submission of a list of questions for written answer within a fixed time – failure to provide which, absent a reasonable excuse, would amount to misconduct.

Danny Simpson, Solicitor for the Independent Office for Police Conduct, stated in October 2022 that the issue informed police witness guidance published in July 2022, which permits questions to be sent to key police witnesses and notes that a failure to respond in a timely manner may lead to a referral to consider recording a conduct matter (Danny Simpson response, Oct 2022). The record holds no update since the Independent Office for Police Conduct's response of October 2022 (Danny Simpson response, Oct 2022).

The IOPC should be provided with the power to require a force to take 'management action' in situations that fall short of misconduct but where standards of conduct and/or performance have fallen short of a reasonable public expectation. A force required by the IOPC to carry out such 'management action' should confirm within 28 days of the requirement having been notified that it has been carried out and what it entailed, or else provide a written explanation as to why no action has been taken.

The Home Office published no formal response to this recommendation following the Home Secretary's written statement of July 2022 (Home Office response, Jul 2022). In October 2022, Danny Simpson, Solicitor for the Independent Office for Police Conduct, stated that 2020 legislative change gave it power to require management action in conduct and complaints investigations, but it was seeking further legislative change to do so in death or serious injury investigations, leaving it for the department to decide whether to agree to the proposal, draft legislation, and secure parliamentary time (Danny Simpson response, Oct 2022).

Serious consideration should be given to the public interest in amending the current legislation so that allegations of 'simple' misconduct, as distinct from 'gross' misconduct, will survive following a police officer's resignation or retirement. I do not recommend that the survival of allegations of simple misconduct carries with it any threat to a pension entitlement, but any post-resignation/retirement finding of simple misconduct should remain on the relevant personnel file and a matter of public record for a period of two years thereafter.

The Home Office published no formal response to the recommendation, and the Home Secretary's written statement of July 2022 named no specific recommendations (Home Office response, Jul 2022). In October 2022, Danny Simpson, Solicitor for the Independent Office for Police Conduct, stated that the recommendation would require consultation led by the department with all stakeholders in police discipline, adding that it would contribute to any consultation and assist with legislation and implementation if taken forward (Danny Simpson response, Oct 2022).

Consideration should be given by the MPS, Home Office and the NPCC to finding a more suitable solution for smashing windows during the course of an armed operation, so that an officer who is holding a firearm does not need to take their hand off their main weapon to utilise a life hammer.

The Metropolitan Police Service stated in October 2022 that its firearms officers no longer use glass hammers during armed operations, having issued officers with extendable X-ball devices for short-range use and teams with longer devices operated at a distance, enabling officers closer to the vehicle to maintain firearms cover without removing their hands from their weapons (Metropolitan Police Service response, Oct 2022). The record holds no update since the Metropolitan Police Service's response of October 2022 (Metropolitan Police Service response, Oct 2022).