The following statement was given by Commissioner Cindy Butts to a community meeting in Tottenham:
Good evening. I want to start by thanking you for giving me the opportunity to come and update you on our investigation into Jermaine Baker’s death. The number of you here this evening is an indication of how important it is to you to hear about the progress of our investigation.
I want to give as full an update on the progress as I am able to. But first let me reassure you that the information I am providing you with tonight has been shared with Mr Baker’s family who we continue to liaise with as our investigation progresses and I am sure all of our thoughts are with them at this terrible time.
I must though stress from the outset that although we are making good progress with our investigation into Mr Baker’s death, we are limited in what we can say by the fact that we are conducting a criminal investigation.
It is in nobody’s interest if I undermine the integrity of the investigation by disclosing information that, at this time, it would not be appropriate to make public.
Therefore I will be as open as I possibly can with you, but I understand that you will probably want a level of information that I simply cannot provide at this stage.
So the facts I can provide you with are that on Friday 11 December, Jermaine Baker, a 28 year old man of mixed race, from Tottenham, died during a police operation in Bracknell Close, Wood Green. Mr Baker received medical treatment at the scene but sadly died as the result of a single gunshot wound.
We were informed by the Metropolitan Police and our investigators were immediately sent to the scene, where they engaged in the forensic retrieval and preservation of evidence.
At the scene was a black Audi. The evidence suggests that Mr Baker was in this car when he was shot. In that car was what appears to be a non-police issue firearm.
Further forensic examinations will take place on the non police issue firearm and the firearm that was discharged by the police officer.
I am not able to provide information about whereabouts in the car the non-police issue firearm was found or where Mr Baker was sat. These questions are the focus of our investigation.
The examination of the scene took more than 24 hours to complete to ensure all potentially relevant material was recovered, and was not fully released until gone 3pm on Saturday. The Audi was removed for a full forensic examination.
We are in the process of seeking to take detailed statements from a number of members of the public who were identified as significant independent witnesses. We completed preliminary house to house enquiries in order to trace further witnesses on Saturday and we will be conducting a one week anniversary witness appeal on Bracknell Close tomorrow morning.
A CCTV trawl has been undertaken and at this stage no relevant CCTV has been identified. No Body worn cameras have captured the incident.
I am aware of the concerns and frustrations the community have on this issue and would like to reiterate that we the IPCC support the widest possible use of body worn video.
At the same time as attending the scene additional IPCC investigators went to a police building where the officers involved in the operation gave their initial accounts of what happened. As is standard practice the officers were warned about conferring with each other, both by a senior Metropolitan Police Officer and by an IPCC investigator.
On Sunday there was evidence to indicate that a potential criminal offence may have been committed by the officer in his use of lethal force. We therefore made the decision to begin a criminal homicide investigation.
This is not a decision we took lightly. Our decision followed careful consideration of the evidence available and whether that evidence met the legal requirement that meant a criminal investigation should be carried out.
This afternoon a firearms officer has been arrested and interviewed under caution. All the other significant firearms officers have provided detailed statements as is normal practice.
The evidence we have at this stage does not mean that the officer definitively committed a criminal act and nor does it mean he will necessarily be charged with a criminal offence.
Ultimately once we have gathered all the evidence and concluded the investigation I will make the decision whether to formally refer the matter to the Crown Prosecution Service – if that happens it will be for them to decide whether to bring charges and what they should be.
The investigation is only a matter of days old and the evidential picture is continuing to develop and just as we took the decision that the investigation should be criminal, further evidence could mean we reconsider that decision.
We are independently investigating Mr Baker’s death. We are open minded about what happened and we will follow the evidence no matter where it takes us and what implications it holds.
As and when it is appropriate we will provide updates. But again I stress this is a criminal investigation and your desire for information may not be satisfied by what we are able to say.
I may also add that since Mr Baker’s death there has been a wide variety of speculation about his background and what happened that morning.
This speculation in the mainstream media and on social media is not helpful. It can undermine our ability to comprehensively investigate, by potentially influencing the accounts witnesses provide to us and their willingness to provide them.
In the last couple of days we have taken action to prevent prejudicial reporting through our press and social media statements as well as supporting efforts by David Lammy MP to try and prevent this prejudicial reporting. This has resulted in the Attorney General issuing advice to the media yesterday in respect of their reporting.
Finally I want to appeal directly to everyone in the room. On your seats are witness appeal leaflets with contact details for our investigation.
If you have information or if you know people who do, please get in contact or ask them to get in touch. You can call 0800 151 0020 or email bracknellclose@ipcc.gsi.gov.uk .
Thank you for your time this evening and I would ask for your patience and co-operation in assisting us to get to the truth.
An act of parliament that provides the core framework of police powers to combat crime and provide codes of practice for the exercise of these powers.
Leads and manages the development of the police service in England, Wales and Northern Ireland.
The body that represents the interests of all police constables, sergeants, and inspectors.
Deals with someone’s inability or failure to perform to a satisfactory level, but without breaching the Standards of Professional Behaviour.
Focuses on putting an issue right and preventing it from happening again by encouraging those involved to reflect on their actions and learn. It is not a disciplinary process or a disciplinary outcome.
Department within a police force that deals with complaints and conduct matters.
Refers to lower-level misconduct or performance-related issues, which are dealt with in a proportionate and constructive manner.
This means doing what is appropriate in the circumstances, taking into account the facts and the context in which the complaint has been raised, within the framework of legislation and guidance.
The average is calculated using the individual results of the forces in that most similar force group.
An investigation carried out by IOPC staff.
Carried out by the police under their own direction and control. The IOPC sets the terms of reference and receives the investigation report when it is complete. Complainants have a right of appeal following a supervised investigation (unless it is an investigation into a direction and control matter).
This act sets out how the police complaints system operates.
How a police force is run, for example policing standards or policing policy.
An investigation carried out by the police under the direction and control of the IOPC.
The organisation that is responsible for assessing how to deal with a complaint. For example – whether it can be handled locally or reaches the criteria for referral to the IOPC. The appropriate authority may be the chief officer of the police force or the PCC for the force. If a complaint investigation finds that someone has a case to answer for misconduct, the appropriate authority is responsible for arranging any misconduct proceedings. If you make a complaint, the appropriate authority for your case will contact you.
An intelligence-led agency with law enforcement powers, it is also responsible for reducing the harm that is caused to people and communities by serious organised crime.
Policing bodies include police and crime commissioners, the Common Council for the City of London, or the Mayor's Office for Policing and Crime.
Investigations carried out entirely by the police. Complainants have a right of appeal following a local investigation (unless it is an investigation into a direction and control matter).
IOPC guidance to the police service and police authorities on the handling of complaints.
A complaint or recordable conduct matter that doesn’t need to be referred to the IOPC, but where the seriousness or circumstances justifies referral.
Parameters within which an investigation is conducted.
A person is adversely affected if he or she suffers any form of loss or damage, distress or inconvenience, if he or she is put in danger or is otherwise unduly put at risk of being adversely affected.
This is where a manager deals with the way someone has behaved. It can include: showing the police officer or member of staff how their behaviour fell short of expectations set out in the Standards of Professional Behaviour; identifying expectations for future conduct; or addressing any underlying causes of misconduct.
This could be the Police and Crime Commissioner, the Common Council for the City of London, or the Mayor's Office for Policing and Crime.
A flexible process for dealing with complaints that can be adapted to the needs of the complainant. It may involve, for example, providing information and an explanation, an apology, or a meeting between the complainant and the officer involved.
A flexible process for dealing with complaints that can be adapted to the needs of the complainant. It may involve, for example, providing information and an explanation, an apology, or a meeting between the complainant and the officer involved.
A breach of standards of professional behaviour by police officers or staff so serious it could justify their dismissal.
A matter where no complaint has been received, but where there is an indication that a person serving with the police may have committed a criminal offence or behaved in a manner that would justify disciplinary proceedings.
Disapplication means that a police force may handle a complaint in whatever way it thinks fit, including not dealing with it under complaints legislation. This may only happen in certain circumstances where the complaint fits one or more of the grounds for disapplication set out in law.
The ending of an ongoing investigation into a complaint, conduct matter or DSI matter. An investigation may only be discontinued if it meets one or more of the grounds for discontinuance set out in law.
Quarter 1 covers 1 April - 30 June
Quarter 2 covers 1 April - 30 September
Quarter 3 covers 1 April - 31 December
Quarter 4 covers the full financial year (1 April - 31 March).
You can request a review/appeal if you’re not satisfied with how your complaint has been handled.
Used to house anyone who has been detained.
Complainants have the right to appeal to the IOPC if a police force did not record their complaint or notify the correct police force if it was made originally to the wrong force.
The purpose of an investigation is to establish the facts behind a complaint, conduct matter, or DSI matter and reach conclusions. An investigator looks into matters and produces a report that sets out and analyses the evidence. There are three types of investigations: local, directed and independent.
The ending of an ongoing investigation into a complaint, conduct matter or DSI matter. An investigation may only be discontinued if it meets one or more of the grounds for discontinuance set out in law.
The type of behaviour being complained about. A single complaint case can have one or many allegations attached.
A person who makes a complaint about the conduct of someone serving with the police.
The ending of an ongoing investigation into a complaint, conduct matter or DSI matter. An investigation may only be discontinued if it meets one or more of the grounds for discontinuance set out in law.
List of officers and staff who have been dismissed from policing, or would have been if they had not retired or resigned.
The type of behaviour being complained about. A single complaint case can have one or many allegations attached.
Disapplication means that a police force may handle a complaint in whatever way it thinks fit, including not dealing with it under complaints legislation. This may only happen in certain circumstances where the complaint fits one or more of the grounds for disapplication set out in law.
An independent judicial officer, the coroner enquires into deaths reported to him/her.
A breach of the Standards of Professional Behaviour that would justify at least a written warning.
No further action may be taken with regard to a complaint if the complainant decides to retract their allegation(s).
A record is made of a complaint, giving it formal status as a complaint under the Police Reform Act 2002.
This is a format where information is written in plain English and short sentences.
The IOPC must be notified about specific types of complaint or incidents to be able to decide how they should be dealt with.
No further action may be taken with regard to a complaint if the complainant decides to retract their allegation(s).
Casework involves assessing appeals. Casework staff also have a role in overseeing the police complaints system to help ensure police forces handle complaints in the best possible way.
Disapplication means that a police force may handle a complaint in whatever way it thinks fit, including not dealing with it under complaints legislation. This may only happen in certain circumstances where the complaint fits one or more of the grounds for disapplication set out in law.
Conduct includes acts, omissions, statements and decisions (whether actual, alleged or inferred). For example: language used and the manner or tone of communications.
You can request a review/appeal if you’re not satisfied with how your complaint has been handled.
You can request a review/appeal if you’re not satisfied with how your complaint has been handled.
