Misconduct outcomes

29 September 2023

A police inspector was dismissed without notice after a misconduct hearing panel ruled that he raped a woman in a hotel room while off-duty.

The hearing, led by a Legally Qualified Chair who is independent of policing, found that Insp Clive Summerill committed rape against the woman, known throughout the hearing as Person A, in a location outside of the Avon and Somerset area in 2021.

The panel found the officer had committed gross misconduct through breaching standards of professional behaviour, specifically authority respect and courtesy, and discreditable conduct.

Following the hearing, we issued a statement on our website which can be found here

Insp Clive Summerill - hearing outcome (PDF)

1 September 2023

An accelerated misconduct hearing was held for DS Nicola Coutts, which resulted in allegations of gross misconduct being proven against her.

Chief Constable Sarah Crew, who chaired the hearing, decided the sanction should be dismissal without notice.

We issued a statement following the conclusion of the hearing, while the full outcome of the hearing is attached to this page.

DS Coutts full hearing outcome (PDF)

23 August 2023

A former PC has been barred from policing after he was found to have made racist comments while working for Avon and Somerset Police.

Daniel Wheller was found, following a misconduct hearing led by a Legally Qualified Chair (LQC), to have breached five policing standards.

The LQC ruled Mr Wheller’s actions amounted to gross misconduct and the former officer would have been dismissed, had he not resigned from Avon and Somerset Police in December 2022.

Following the hearing we issued a statement, which can be found via this link

Former officer PC Daniel Wheller - full outcome report (PDF)

9 November 2022

The Chief Constable of Avon and Somerset Police, Sarah Crew, has issued an unreserved apology to a bereaved family after accepting the findings of a review into officers’ handling of the investigation into their son’s death in Bristol.

An inquest found that university student Bertram Crawford, 19, took his life on 17 November 2018, after spending the evening at his friends’ student accommodation.

The Coroner heard that the group had been drinking and that Mr Crawford was pushed from the property after becoming upset that his eyebrow had been partly shaved.

The family’s concern about these incidents led to a review by senior detectives, resulting in a file being passed to the Crown Prosecution Service (CPS).

The CPS found that a six-month limitation on charges of common assault had been exceeded and did not authorise any other charges.

The complaint was then referred to the Independent Office for Police Conduct (IOPC). The IOPC found the matter was suitable for local investigation, however to assure the family of a full and independent investigation CC Crew asked Devon and Cornwall Police to carry this out.

This report identified several instances where our service was not acceptable, and we have accepted and are addressing those failings.

The report particularly identified significant deficiencies in the service offered to the family in the following months, including a lack of progress updates.

It further included a recommendation that the allocation of unexplained death investigations be reviewed. The Chief Constable has commissioned a working group to review the circumstances in which an investigative officer with experience of serious and complex enquiries should be appointed to in cases of sudden death.

While one officer involved that evening has since retired, two others have completed a reflective practice improvement process with the Head of Professional Standards.

CC Crew wrote to the family after reviewing the independent report and has since met with them to offer her apologies in person. The letter is attached to this page.

CPS statement

On 28/09/20 a file was submitted by Avon and Somerset Constabulary to The Crown Prosecution Service (CPS) for a charging decision which detailed an incident on 17/11/2018 where the following acts were said to have taken place:

a) Bertie was held down on a bed

b) a cigarette lighter was held to Bertie’s face

c) Bertie’s eyebrow was shaved

d) Bertie was pushed out of the dwelling property

e) Harassment with and without fear of violence towards Bertie

On 24/11/20 The Crown Prosecution Service provided their charging advice. Having considered the evidence the CPS concluded that the act of shaving Bertie’s eyebrow did amount to a common assault, but that the assault did not reach the threshold for an assault occasioning actual bodily harm. They concluded that as the six-month time limitation for prosecution of a summary offence had expired, they could not authorise a charge of common assault.

The CPS concluded that evidentially no other offences were made out.

This decision by the CPS was challenged by the family of Bertie who requested a review under the Victims’ Right to Review (VRR) Scheme. This review was carried out by the Deputy Chief Crown Prosecutor for CPS South West. The review upheld the original decision that an assault had taken place but as the file was submitted after the six month time limitation charges were unable to be authorised.

Apology letter from CC Sarah Crew to Mr and Mrs Crawford (PDF)