Allegations of false and misleading statement - Avon and Somerset Police, September 2016

On 17 September 2016, an Avon and Somerset Police Community Support Officer (PCSO) contacted the force Control Room to report that a man had punched him. Uniformed officers attended and arrested the man, who sustained a minor head injury in the process.

Later that day, the PCSO provided a witness statement in which he alleged that the man had punched him forcibly with a clenched fist to the left side of his abdomen, making contact with his body armour and his left arm.

On 18 September 2016, the man was charged with assaulting a PCSO acting in the execution of his duty.

The case was scheduled to be heard at Taunton Magistrates’ Court. On viewing CCTV footage of the incident on the day before the trial, the Crown Prosecution Service decided to discontinue the assault proceedings and instead proceed with an offence of drunk and disorderly behaviour. The reason given for this decision was that there was a discrepancy between the PCSO’s statement and the CCTV footage.

Our investigators interviewed the PCSO, examined the CCTV footage and obtained statements from officers involved in the incident, subsequent investigation and charging decision.

The Lead Investigator formed the opinion that there was sufficient evidence upon which a reasonable tribunal, properly directed, could reach a finding of gross misconduct in relation to the PCSO.

After reviewing our report, Avon and Somerset Police agreed to hold a gross misconduct hearing. However, the PCSO resigned and therefore no further disciplinary action will take place.

We also referred the matter to the Crown Prosecution Service (CPS). The CPS decided to charge the PCSO with an offence of perverting the course of justice. The PCSO was acquitted following a trial at Exeter Crown Court.