'Jurisdictional issues' delayed chief's suspension

Alison Hernandez
Image caption,

Alison Hernandez blamed "jurisdictional issues" for the delay in suspending Chief Constable Will Kerr

At a glance

  • Police and Crime Commissioner, Alison Hernandez, has blamed "jurisdictional issues" for delays in suspending Chief Constable Will Kerr

  • The chief constable of Devon and Cornwall Police was suspended following allegations of misconduct

  • The Police Ombudsman for Northern Ireland said it had launched a criminal investigation into "serious allegations of sexual offences"

  • Mr Kerr has "strenuously" denied any allegations of criminality

  • Published

A police and crime commissioner has blamed "jurisdictional issues" for delays in suspending a chief constable who is accused of a serious criminal offence.

Will Kerr was suspended by Police and Crime Commissioner Alison Hernandez following allegations of misconduct.

The Police Ombudsman for Northern Ireland has also launched a criminal investigation into "serious allegations of sexual offences".

Mr Kerr has "strenuously" denied any allegations of criminality.

Image source, PA Media
Image caption,

Mr Kerr has "strenuously denied" the criminal allegations

Ms Hernandez told the Police and Crime Panel on Friday she first referred the allegations made against Mr Kerr to the Independent Office of Police Conduct (IOPC) on 23 March.

On April 20 the IOPC closed the referral saying it did not consider it had jurisdiction over the issue.

The Police Ombudsman for Northern Ireland has been investigating serious allegations of sexual offences since 16 June.

Ms Hernandez told the panel that on 19 July, after new information came to light, the IOPC told her that it had reviewed its position and asked her to submit a referral.

On 24 July Ms Hernandez suspended Mr Kerr.

The commissioner said her decision-making had been hampered by a "distinct lack of clarity" about which board was responsible for overseeing a complaint of this nature.

Ms Hernandez said she was "frustrated" that she had not been "presented with any evidence to support the case made against Mr Kerr".

The ombudsman said it "would not, however, share evidential material pertaining to an investigation" and that it was aware Ms Hernandez had been briefed of the allegations in March.

'Move swiftly'

An IOPC spokesperson said there were complications in situations that involved two jurisdictions but that it had "regularly and appropriately" briefed and updated Ms Hernandez from the outset.

The IOPC said that when the initial referral was received from the commissioner it was limited to the allegations of criminal conduct, which was something it did not have the authority to investigate as it was alleged to have happened outside its jurisdiction.

It said it subsequently requested a second referral from the commissioner so it could investigate the alleged misconduct issues which did fall under its remit.

Ms Hernandez added: “The delays caused in this case are less than ideal for all concerned. I hope now that all agencies will move swiftly to bring this case to a resolution.”

On Wednesday, Mr Kerr said: "In relation to the statement from the Police Ombudsman for Northern Ireland... I strenuously deny any allegations of criminality.

"I recognise and respect the fact that accountability and due process are vital to any investigation, regardless of rank or position," he continued, in a statement reported by PA.

"I will continue to co-operate with any investigation. I hope that all matters will be expedited so that they will be concluded without delay."

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