News / Crime
Police chief will not face criminal charges
The Chief Constable of Avon and Somerset police will not face criminal charges over alleged data protection breaches.
The police watchdog, the Independent Police Complaints Commission (IPCC), found there was insufficient evidence against him.
Nick Gargan was investigated for sending emails about police business to people outside the force. The IPCC said it would not be referring the matter to prosecutors. He could still face a misconduct hearing if the Police and Crime Commissioner (PCC) Sue Mountstevens decides to hold internal disciplinary proceedings.
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Insufficent evidence
IPCC deputy chair Rachel Cerfontyne said she had sent a report of the commission’s findings to Ms Mountstevens to decide “as to whether or not Mr Gargan has a case to answer for either misconduct or gross misconduct and should face disciplinary proceedings”.
Ms Cerfontyne said: “Our investigation uncovered evidence that the chief constable may have breached the Data Protection Act by sending emails concerning police business, which contained personal data, to individuals unconnected to the force.
“Having thoroughly considered that evidence, I decided that it was insufficient for a referral to the Crown Prosecution Service.
“Under police complaints procedure, it is now a matter for the PCC to respond to me with a decision on what action she proposes to take as a result of our findings.”
A statement from the PCC office said: “The report will now be considered carefully and a decision taken on whether or not to refer the matter to misconduct proceedings.
“The police and crime commissioner has 15 working days (Monday, November 3) to decide.
“Chief Constable Nick Gargan currently remains suspended and John Long will continue as acting chief constable.”
Mr Gargan was suspended in May following allegations he made “inappropriate advances” to junior members of staff. He was informed in June that he would not face a criminal inquiry in relation to those allegations. In July it was announced he would also be investigated over the alleged data protection offences.
Mr Gargan, who has been with the force since March 2013, denies the allegations.
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