Firearms laws to be strengthened following Keyham shootings

Killer should never have been given shotgun licence

Firearms licensing controls are to be strengthened following an investigation into the Plymouth mass shooting in August 2021.

The Independent Office for Police Conduct (IOPC) has issued a series of recommendations both to Devon and Cornwall Police, and police forces nationally.

Now the five-week inquests for the victims of Jake Davison have concluded (Monday) with outcomes of unlawful killing, the IOPC has been able to issue its findings publicly, having completed its investigation nearly a year ago.

In March 2022, it submitted its report to the coroner well in advance of the inquest.

Three Devon and Cornwall Police employees have been served with disciplinary notices for misconduct.

It will now consider any new evidence that has come to light during the inquest.

The independent investigation began the day after the events in Keyham, after Devon and Cornwall Police referred itself. It examined the force’s interaction with the killer Jake Davison and others, and the decisions to grant him a shotgun certificate in January 2018 and to return his shotgun to him in July 2021 after it had been confiscated because he was identified as a suspect for assaults on two young people in a park in Plymouth.

It examined firearms licensing law and guidance, Jake Davison’s engagement in the Pathfinder scheme, his medical records, education, employment and firearms licensing history, as well as the weapon and ammunition he possessed. 

The IOPC's recommendations to the force last year included that Devon and Cornwall Police:

• puts in place measures to ensure it is able to monitor certificate holders so that all relevant incidents, information and intelligence are available for continuous assessment of a person’s suitability to possess firearms, in line with policy
• dip samples and reviews a substantial proportion of licensing decisions made by Firearms Enquiry Officers (FEOs) prior to their individual completion of new FEO role-specific training
• issues a further communication to all force Evidence Review Officers (EROs), to the effect that decisions must be made on a case-by-case basis, giving full and appropriate consideration to all aggravating and mitigating factors
• ensures that there is a clear and shared understanding of governance, structures and working practices in the Firearms and Explosives Licensing Unit (FELU).

It found that a firearms licensing supervisor (FLS) had a case to answer for misconduct for failing to ensure Jake Davison’s shotgun certificate application was correctly risk assessed, and for failing to ensure that Jake Davison could be permitted to possess a shotgun without danger to public safety. The individual received a written warning at a misconduct meeting held by the force.

It found that a firearms enquiry officer (FEO) would have had a case to answer for misconduct, had they still been serving, for failing to make adequate enquiries as part of a case review following the September 2020 park assaults, and failing to correctly risk assess Jake Davison. The FEO retired from the force in 2021 so no disciplinary proceedings could be brought. We found no case to answer for the same FEO in respect of their handling of the application for a shotgun certificate in 2017, as evidence indicated that shortcomings were largely attributable to a lack of training, supervision, and inadequate force processes.

And it found that the officer in charge (OIC) of investigating the park assaults had no case to answer for misconduct in respect of the allegation that they failed to notify the FELU of Jake Davison's involvement in a violent offence, and/or failed to take any steps to seize his shotgun, certificate or ammunition. The evidence here pointed to systemic issues around guidance and training, rather than an individual failing.

In September 2022, the IOPC began an investigation into Devon and Cornwall Police for potential breaches of health and safety legislation in the running of its Firearms and Explosives Licensing Unit prior to the mass shooting. This further, separate investigation follows consideration of the evidence gathered in its first investigation and specialist legal advice. Its criminal investigation is examining whether the Office of the Chief Constable of Devon and Cornwall Police, as an office of the organisation, may have committed any offences contrary to the Health and Safety at Work etc. Act 1974. The police force, the Police and Crime Commissioner, the Coroner and families were advised of our decision. Our investigation remains ongoing.

IOPC Regional Director David Ford said: “I again send my heartfelt sympathies to the families of those who died, to those injured, and everyone so deeply affected by the horrific tragedy in Keyham on 12 August 2021. Our role has been to independently and thoroughly examine the police decisions taken to originally grant Jake Davison a shotgun certificate and then to return his certificate and weapon shortly before he killed his mother Maxine and went on indiscriminately to take the lives of Stephen Washington, Kate Shepherd, Lee Martyn and his daughter Sophie, and injure mother and son, Michelle Parker and Ben Parsonage.

“It has become obvious to all in light of the atrocity that Jake Davison should never had been allowed to possess a shotgun. Evidence given at the inquests has clearly demonstrated the impact this incident has had, and continues to have, for the families, friends, and the community as a whole. Our task has been to consider the actions and decision making of police personnel based on what they knew or should have known, given the information available at the time.

“While we found cases to answer for misconduct for two Devon and Cornwall Police employees, we determined that failings by individuals were substantially mitigated by weaknesses in force systems, processes, training, and the departmental resources and culture then in place. The potential corporate failing of Devon and Cornwall Police as an organisation is subject to our separate criminal enquiry into possible health and safety breaches.

“Devon and Cornwall Police accepted our recommendations last year and fully co-operated with our investigation. We have also been in liaison with the Home Office over our recommendations at a national level to help inform improved firearms licensing arrangements and guidance for the police service as a whole.

“The terrible events in Plymouth that day remain understandably raw in many people’s minds. It is vital that meaningful change is implemented to help police personnel responsible for firearms licensing make safe and sound decisions. Those changes are aimed at reducing the risks of a tragedy like this happening again.”

The IOPC is today publishing a summary and learning report from our independent investigation available here. The report reflects the evidence that we obtained during our investigation.