Accountability or Anonymity – A Critical Analysis of Police Reform in England and Wales

Fatima Jama explores the Government’s new proposals to introduce a presumption of anonymity in the rare instances in England and Wales when police firearms officers face criminal proceedings.

Introduction

The Home Secretary, Yvette Cooper, this week outlined controversial reforms regarding armed police officers’ anonymity during criminal proceedings. These changes, emerging in the aftermath of the Chris Kaba case, would establish a framework ensuring firearms officers facing prosecution maintain their anonymity until conviction. This shift in policy reflects mounting concerns about officer safety whilst acknowledging the complex evolution of armed policing. The reforms proposed represent one of the most significant changes to policing practice in recent decades.

The turning point

In 2022/23, 3 people were fatally shot by police in England and Wales. Since 1990, police in England and Wales have shot and killed 83 people, according to INQUEST, a charity that provides expertise on state related deaths.

The reforms gained momentum following the high-profile acquittal of Metropolitan Police firearms officer Martyn Blake, who stood trial for murder in the Chris Kaba case. In September 2022, Blake fatally shot the 24-year-old Kaba through an Audi Q8’s windscreen in Lambeth, South London, as Kaba attempted to breach a police barrier. Whilst subsequent investigations revealed Kaba’s alleged involvement with a criminal organisation—including participation in two shooting incidents days before his death—the fact remains that Kaba was unarmed during the fatal encounter. This tragic incident has become a catalyst for widespread debate about police accountability and reform.

A broader pattern has emerged that demands critical examination within policing. Since 2005, the Metropolitan Police Service has been involved in four fatal shootings of unarmed individuals during non-terrorist operations, resulting in the deaths of Chris Kaba (2022), Jermaine Baker (2015), Mark Duggan (2011), and Azelle Rodney (2005). The fact that all four individuals involved were black men has intensified discussions surrounding systemic racial bias and discrimination within England and Wales’s police forces. These cases have collectively shaped public perception and policy discussions surrounding armed policing.

The aftermath of the Kaba case has exposed safety concerns for firearms officers in modern policing. It is said that Blake, now 40, lives in hiding due to death threats including an alleged £10,000 bounty placed on his life. This situation highlights a growing tension between officer protection and public accountability, particularly in an era of increased scrutiny and social media exposure. The immediacy of digital media has created new challenges for protecting officer identities and ensuring their safety following high-profile incidents.

Reform rationale

Cooper’s address to Parliament made a case for reform highlighting how the current system has lost credibility amongst both the public and police forces, “The accountability review found that the current system for holding police officers to account is not commanding the confidence of either the public or the police.”

The Home Secretary emphasised how proceedings often drag on interminably, noting that “Accountability and misconduct proceedings are too often plagued by delays stretching for years, which are damaging for complainants, officers and forces alike.”

She further criticised the complex nature of the process, explaining that “the system has become much more complex, with confusion over multiple thresholds for different investigations, a lack of clarity, especially involving specialist capabilities.”

A significant criticism Cooper levelled at the current framework was its narrow focus on individual officers whilst ignoring broader institutional issues.

As she pointed out, “There are also wider concerns about the misconduct system, because the focus when things go wrong can end up being entirely on the decisions of the individual officer… So systems failings like poor training, unmanageable caseloads or wider false practices are not sufficiently considered or followed up, so too little changes.”

Cooper proposed several reforms, including establishing “a presumption of anonymity for firearms officers subject to criminal trial following a police shooting in the course of their professional duties, up to the point of conviction.”

Alongside this, Cooper also vowed to raise the threshold for officers facing court so it matches the measure the Crown Prosecution Service uses for making charging decisions about members of the public. “Currently, that threshold is lower for police officers, and that is not justified,”. This would mean charges would be brought only when there is a reasonable prospect of conviction, instead of if there is an indication of criminality using limited evidence.

Critical analysis of the reform measures

The reform package introduces several significant changes that warrant careful examination in the context of modern policing needs. The basis for granting automatic anonymity to firearms officers until conviction represents a significant departure from previous practice in law enforcement in England and Wales. Whilst this measure aims to protect officers from retribution, it raises important questions about transparency and public trust in the police service. The balance between officer safety and public accountability becomes particularly delicate in cases involving racial dynamics or controversial use of force.

The introduction of new rights for bereaved families to appeal the Independent Office for Police Conduct’s decisions against officer prosecution represents a positive step towards balanced oversight. However, the effectiveness of this measure will depend largely on practical implementation and resource allocation. The success of this particular reform element will require careful monitoring and potential adjustment as cases progress through the system.

The cross-party support for these reforms, transitioning from Conservative to Labour administration, reflects rare political consensus on policing matters in British governance. However, in her address to the House of Commons, Labour MP Diane Abbott voiced strong opposition to the proposed reforms, warning that “nothing could be more damaging for police community relations” than creating a perception of police immunity from legal accountability.

The MP for Hackney North and Stoke Newington drew upon historical precedents, noting: “There’s been a series of deaths at the hands of the Metropolitan Police, they have led to deep unhappiness and even riots.”. “One death that comes to mind is that of Cynthia Jarrett, who died of a heart attack when four policemen burst into her house. Her death triggered the Broadwater Farm riots.” Abbott concluded by challenging the Home Secretary directly “Does the Home Secretary accept that nothing could be more damaging for police community relations, than if the idea took hold that in some way the police were above the law?”

Careful consideration is required in the implementation phase of these significant reforms. The maintenance and rebuilding of trust, particularly among minority communities, remains paramount to the success of these reforms. The changes must not be perceived as reducing police accountability within these communities, which have historically experienced strained relationships with law enforcement.

Different police forces must implement changes uniformly across jurisdictions to ensure fairness and effectiveness in their application throughout England and Wales. The reforms represent a significant evolution in policing culture, potentially affecting the traditional policing-by-consent model that has long distinguished English and Welsh law enforcement from its international counterparts.

To strengthen the reforms’ effectiveness, comprehensive programs must be developed to support firearms officers in critical decision-making, particularly under high-stress situations in the field and address systemic prejudices in the police force. The implementation of robust training and support systems for firearms officers will help address the unique pressures they face in their roles within modern policing whilst also addressing the entrenched biases within the police force.

The establishment of proactive outreach programs will serve to maintain public confidence alongside protective measures for officers. Regular, independent assessments of the reforms’ impact on both police operations and community relations must be instituted to ensure ongoing effectiveness and appropriate adaptation to changing circumstances.

Conclusion

The proposed reforms represent a pivotal moment in policing, attempting to balance officer protection with public accountability in an increasingly complex social environment. Their success hinges on careful implementation and sustained dialogue. While the focus on anonymity addresses immediate concerns about officer safety, the government must ensure these changes form part of a comprehensive strategy for modern armed policing.

The success of these reforms will be measured by their ability to protect officers whilst maintaining public accountability in the justice system. The changes must preserve community trust across diverse populations while upholding the tradition of policing by consent in the modern era. The reforms need to address systemic issues beyond individual accountability to create lasting positive change in law enforcement.

As these changes are implemented, continuous evaluation and adjustment remain essential to serve both operational needs and public interest effectively in contemporary society. The legacy of these reforms will depend on their ability to navigate the complex intersection of officer safety, public accountability, and community trust in an increasingly challenging policing environment across England and Wales.