IOPC pauses gross misconduct proceedings for Sergeant Martyn Blake
We have paused the serving of gross misconduct papers on Sergeant Martyn Blake until the law changes relating to the use of force test in police misconduct cases comes into effect and its impact is clear.
Shortly after Sgt Blake’s acquittal in October 2024, the Home Secretary commissioned a review of the different legal thresholds for reaching decisions concerning police officers in criminal, misconduct and inquest proceedings.
In April 2025, we decided after a thorough review of all of the evidence, that the threshold – as set out in legislation and Home Office guidance - was still met for Sgt Blake to face gross misconduct proceedings for his use of force.
Subsequently, in October 2025, as a result of the review commissioned by the Home Office, the Home Secretary announced they accepted a recommendation to change the test for use of force in police misconduct cases from the civil law test to the criminal law test, which would require amendments to legislation.
Following this, in November the Met asked the IOPC to consider withdrawing our direction that Sgt Blake should face disciplinary proceedings in light of the impending law change.
We understand the law change is expected to be in the spring and is likely to occur prior to any hearing being held by the Met. Therefore, it’s important that we carefully consider how to proceed with presenting the disciplinary hearing.
We have decided it is not appropriate to make a decision on whether, in all the circumstances, it’s fair and reasonable that Sgt Blake should continue to face disciplinary proceedings, until we understand the impact of amendments to the use of force standard and any Home Office guidance.
As a result, we have decided to delay serving Sgt Blake with the gross misconduct papers until the law is changed. Sgt Blake and Chris Kaba’s family have been notified of our decision.
IOPC Director Amanda Rowe said: “We recognise the impact of this case on everyone affected and it isn’t our intention to delay matters any more than necessary, however it’s important that our decision takes account of impending changes to the use of force standard.”