Suspended chief constable will not be prosecuted over alleged sexual offences

The suspended chief constable of Devon and Cornwall Police will not be prosecuted over allegations of sexual offences.

The Public Prosecution Service (PPS) in Northern Ireland also said Will Kerr will not face charges relating to an allegation of misconduct in public office.

Police and Crime Commissioner for Devon and Cornwall Alison Hernandez said the Independent Office for Police Conduct (IOPC) would now be resuming an investigation into allegations of misconduct against Mr Kerr.

He will remain suspended until the outcome of this investigation.

Mr Kerr was a former assistant chief constable of the Police Service of Northern Ireland (PSNI).

In order to prosecute, the evidence must be sufficient to provide a reasonable prospect of conviction. In this case, the available evidence did not reach this threshold

He had worked for the PSNI for 27 years, later joining Police Scotland before he joined Devon and Cornwall Police in December 2022.

He was suspended as chief constable in 2023 after it emerged he was under investigation following allegations of sexual offences.

At the time he strenuously denied any allegations of criminality.

He was investigated by the Police Ombudsman for Northern Ireland (PONI) and the IOPC.

The ombudsman case was then passed to the PPS.

The PPS confirmed on Thursday a decision had been taken not to prosecute.

It said a team of prosecutors had considered the case, assisted by advice from independent senior counsel.

The Police Ombudsman awaits the detailed reasoning which informed the decision, and will give it careful consideration

A PPS spokeswoman said: “We have carefully considered all the evidence submitted by the Police Ombudsman’s Office in connection with this complex case.

“The standard of proof needed for a criminal prosecution is high.

“In order to prosecute, the evidence must be sufficient to provide a reasonable prospect of conviction.

“In this case, the available evidence did not reach this threshold.

“All relevant parties have been informed of the decision by the PPS, with assurance that the decision was taken only after a most careful examination of all the evidence and information available.”

A spokesperson for the Police Ombudsman said: “The Police Ombudsman submitted a substantial file to the PPS, following a significant investigation into allegations of a serious criminal nature.

“Having considered the evidence, PPS has made a decision not to prosecute. The Police Ombudsman awaits the detailed reasoning which informed the decision, and will give it careful consideration.

“The Police Ombudsman remains in contact with the Independent Office for Police Conduct relating to those criminal allegations.”

Devon and Cornwall Police is currently being led by interim Chief Constable James Vaughan.

After Mr Kerr was suspended, he was replaced by acting Chief Constable Jim Colwell, who was suspended in November pending an investigation into potential gross misconduct over claims he used his work mobile phone to exchange messages of a “personal nature”.

Ms Hernandez said: “I am delighted to hear that Mr Kerr is no longer under criminal investigation.

“This will be a significant relief to Mr Kerr and his family. It is disappointing that it has taken nearly two years to get to this decision.

“While this is a major milestone, we await further instructions from the Independent Office for Police Conduct on any potential misconduct matters which may still need their oversight.

“The leadership of Devon and Cornwall Police remains under the stewardship of Mr Vaughan until any outstanding matters are concluded.”

An IOPC spokesperson said: “We are aware of the Public Prosecution Service decision announced today.

“Given that decision, we will be resuming our investigation into allegations of misconduct against chief constable Will Kerr relating to those criminal allegations.”