The officer who led the initial response to the Manchester Arena bombing could face criminal charges over statements he made during reviews into the attack, the police watchdog has revealed.

The Independent Office for Police Conduct (IOPC) has said it will be referring a file of evidence to the Crown Prosecution Service (CPS) on accounts of the night of the attack given by Chief Inspector Dale Sexton.

Mr Sexton, who has since retired, was previously cleared of breaching standards of professional behaviour or committing a criminal offence following an investigation which concluded in February.

But the IOPC said a review conducted following a request from the attack victims’ families found an offence “may have been committed” and a file of evidence would be passed to the CPS.

Showbiz review 2017
The incident happened after an Ariana Grande concert (Dave Hogan for One Love Manchester)

Mr Sexton was force duty officer on the night of the bombing on May 22, 2017 and led the initial response on the night of the attack.

He denied to the Manchester Arena Inquiry in May 2021 that he was “overwhelmed” by the situation and claimed he made the decision to not tell other emergency service responders he had declared Operation Plato – a planned response to a marauding armed terrorist – as he believed it would hold fire and ambulance crews back.

However, he made no mention of going against protocol and keeping the declaration secret from partner services when interviewed in 2018 as part of the Kerslake Report, an independent review into the emergency response commissioned by mayor of Greater Manchester Andy Burnham.

When challenged by the Inquiry as to why he had not admitted to going against the protocol earlier, he said he felt like he had “almost got away with it on the night”.

The police watchdog has now upheld a Victims’ Right to Review (VRR) which was requested by the families of the victims.

Manchester Arena Inquiry
The 22 victims of the terror attack during the Ariana Grande concert at the Manchester Arena (GMP/PA)

A second decision maker, who has no connection to the original investigation, reviewed evidence gathered during the investigation and decided an offence may have been committed.

The CPS told the PA News Agency it has not yet received the file from the watchdog regarding the evidence.

IOPC director of operations Amanda Rowe said: “The Manchester Arena bombing was a tragedy that had a profound impact right across Greater Manchester and beyond. It will live long in the memories for all the wrong reasons and our thoughts remain with all those affected by this horrific act of violence.

“This was a complex investigation, carried out independently of police, and investigators obtained a significant amount of information, which was considered as part of our decision-making.

“In cases like this, and in line with other organisations, victims and complainants have a right to have their case reviewed by someone unconnected to the original investigation. In this instance, we determined the matter requires further exploration and will be submitted to the CPS to consider in due course.

“A referral to the CPS does not necessarily mean that criminal charges will be authorised. It will now be for prosecutors to determine whether charges should follow and, if so, what those charges may be.”