Jason Beer QC and Robert Cohen in Court of Appeal challenge concerning police misconduct regime

Over the last three days the Court of Appeal (The Chancellor of the High Court, Lady Justice Macur, and Lady Justice Nichola Davies) have been considering an appeal by the Independent Office for Police Conduct ("IOPC") against the decision of the Divisional Court (Lord Justice Flaux and Sir Kenneth Parker) in R (W80) v Director General for the Independent Office for Police Conduct [2019] EWHC 2215 (Admin) (see judgment here). The Divisional Court held that it had not been lawful for the IOPC to apply the civil law test for self-defence (that a belief in the necessity to use force must not only be honestly held, it must also be a reasonable belief) in directing the Metropolitan Police Service to bring proceedings for misconduct against a police firearms officer for fatally shooting Jermaine Baker. The IOPC challenges that conclusion.

The Court of Appeal reserved its judgment.

Relevant press coverage appears here and here.​

Jason Beer QC and Robert Cohen acted in the Court of Appeal for the Metropolitan Police Service. They both appear in the full range of police law disciplines, but have particular experience of public law challenges

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Related barristers

Jason Beer KC

Call 1992 | Silk 2011

Robert Cohen

Call 2009

Related areas

Police Law

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Public & Administrative

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