Neil Wilby Media

A one day misconduct hearing, due to take place on 9th April, 2024 at Cumbria Police’s headquarters in Penrith, has now been re-scheduled for 4th October, 2024.

It concerns former PC Jonathan Hodgson, who has resigned from the force following the exposure of the following activities by at least one whistleblower, the details of which are reproduced from the police website:

“On approximately 1st May 2022, PC Hodgson opened a Twitter account with the name ***************. “On dates unknown between 1st May, 2022 and 22nd June, 2022, PC Hodgson published sexually explicit images and videos, including images of an erect penis and of sexual intercourse taking place.

“PC Hodgson set up a link to that account with CashApp, a platform that enables the account holder to receive online payments; this was with the intention of receiving remuneration in exchange for access to the pornographic content of that Twitter account.

“PC Hodgson was subsequently identified as the publisher of said images and videos, due in part to two anonymous letters received by the Professional Standards Department.

“PC Hodgson failed to disclose that Twitter account and its proposed associated remuneration to Cumbria Constabulary as a business interest.”

The Standards of Professional Behaviour alleged to have been breached are: –

• Honesty and Integrity
• Discreditable Conduct 

It is further alleged by Cumbria Police that this conduct, if proven, amounts to Gross Misconduct and is so serious as to justify dismissal.

As PC Hodgson has resigned the only sanction available to the panel is for the former officer to be placed on the College of Policing’s barred list.

No explanation is given by the force for the further six month delay and they have not named the Legally Qualified Chair who will lead the Misconduct Panel.

The force has not given details of when PC Hodgson resigned or if he faced criminal investigation. Enquiries have been made by Neil Wilby Media via the Cumbria Police press office.

The allegations against PC Hodgson involve several actions that could potentially give rise to criminal offences. These are the key elements:

1. Opening a Twitter Account with an Explicit Purpose:

   • The creation of a Twitter account in itself, of course, is not a criminal act. However, if it was done using false pretences or identities, it could potentially be considered fraudulent.

2. Publishing Sexually Explicit Images and Videos:

   • The publication of sexually explicit material may raise concerns depending on the nature of the content and the context in which it was published. If any of the images or videos involve non-consensual acts, underage individuals, or violate other specific laws related to pornography, it could constitute a criminal offence under the Sexual Offences Act 2003 or other relevant legislation.

3. Linking the Account to CashApp for Remuneration:

   • Using a platform to receive payments for access to pornographic content is not inherently illegal if it involves consensual adults. However, the legality might be impacted if the content was distributed without appropriate consent or if there was any form of coercion involved. Additionally, if the officer failed to declare this income for tax purposes, it could potentially involve tax evasion or fraud. On the other hand, if no income was received these aspects fall away.

4. Failure to Disclose the Business Interest:

   • Failing to disclose an additional business interest, especially one that could potentially conflict with their duties as a police officer, can be considered a breach of professional standards. This might not constitute a criminal offence directly, but it has certainly led to disciplinary action within the police force.

Potential Criminal Offences:

• Obscene Publications Act 1959: If the content is deemed obscene, ex-PC Hodgson could potentially face charges under this act.
• Sexual Offences Act 2003: If any of the published content involves minors or non-consensual acts, it could lead to serious criminal charges.
• Fraud Act 2006: If there was any deception involved in obtaining payments or setting up the account, this act might be applicable.
• Misconduct in Public Office: If the conduct is deemed sufficiently serious and impacts the public trust, it might constitute this offence.

Based on the information provided by the force, whilst some aspects of PC Hodgson’s actions might not directly constitute criminal offences, they do raise significant public interest issues related to misconduct and potential breaches of specific laws.

The exact legal implications would depend on further details, such as the nature of the content, the age and consent of individuals involved, and whether there were any false representations or failures to declare income.

The opacity, and consequent information vacuum, does not assist in maintaining public confidence in the police service but the presumption of innocence of any criminal offences must apply to ex-PC Hodgson until found otherwise. 

Cumbria Police say: “We employ many people. Taking that and the nature of our operations into consideration, alleged transgressions of accepted practice or unlawful activity, whether or not they’ve passed through the court systems, are bound to arise.

“It’s our duty to investigate each case, which may result in a public misconduct hearing.” 

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Page last updated: Tuesday 11th June, 2024 at 0725 hours

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Picture credit: Cumbria Police

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