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John Beggs QC and James Berry appear in Court of Appeal police firearms case

27th July 2020

Between 7 – 9 July 2020 the Court of Appeal heard the appeal of the Independent Office of Police Conduct (IOPC) against the Divisional Court’s decision in R (W80) v IOPC [2019] EWHC 2215 (Admin). The case arose out of the fatal police shooting of Jermaine Baker in 2015 and an IOPC investigation into the conduct of W80, who fired the fatal shot.

​The Divisional Court found that the criminal test for self defence applies where a police officer’s use of force is being considered in misconduct proceedings. The IOPC contend that the Divisional Court was wrong, and that the civil test for self defence applies.

John and James were instructed by the National Police Chiefs’ Council as an Intervenor in the Court of Appeal. Judgment is awaited.

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