Complaints, investigations and misconduct in policing: implementation of recommendations - thematic progress report - December 2021
Second thematic progress report following publication of Dame Eish Angiolini’s final report setting out implementation progress with details of the status and lead responsibility for each recommendation.
Theme 2: Jurisdiction and Powers
As is the case for several recommendations under the previous theme, legislation, either primary or secondary, will be required, or is likely to be required, to largely implement the recommendations under this theme. As set out in the table below, discussions with operational partners, staff associations and other jurisdictions are taking place on the detail of these. That engagement is essential in developing legislative proposals and will continue. Further additional discussions with wider stakeholders are also planned ahead of full public consultation in 2022. To avoid pre-empting this on-going engagement and consultation, this report focuses on the elements of the recommendations under this theme which can be implemented without legislation.
Wider powers for the PIRC
As set out in the table below, Recommendation 13 is likely to require legislation to address data protection matters. However, Centurion capabilities are under review by operational partners and consideration is being given by those partners to the potential upgrade and/or replacement of Centurion. PIRC and Police Scotland continue to discuss this ahead of any potential legislative changes being made.
Cross-border jurisdiction
Recommendation 81 requires legislation to be made to implement it and therefore will be included in the legislative proposals which will be consulted on in 2022. Indeed, the Cabinet Secretary for Justice and Veterans wrote to the UK Government in August 2021 on this matter to highlight concerns about the need for legislation in this area. However, as highlighted in the last thematic progress report, in advance of a legislative solution being implemented, a draft memorandum of understanding (MoU) was developed by the cross-agency group on jurisdictional matters. This group includes the PIRC, Police Scotland and COPFS and that draft MoU has now been finalised and signed by all strategic partners. The MoU sets out key principles and arrangements for the investigation of incidents involving police officers operating outwith their home country on mutual aid or cross-border operations ahead of legislation being made.
Further updates
Details on progress against other recommendations under this theme are set out in the table below.
Theme 2: Jurisdiction and Powers |
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|---|---|---|---|---|
Progress Overview for the period 1 May to 30 September 2021 |
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Recommendations |
Lead |
Current Position |
||
8 |
Clarify definition of "person serving with the police" |
Scottish Government |
In progress |
Initial discussions with operational partners and staff associations have taken place on this recommendation ahead of a full public consultation in 2022. Discussions are also underway with the UK Government to better understand the systems and arrangements in place in England and Wales to help consider this recommendation. Similarly, discussions with the Northern Ireland Executive are planned to better understand the systems and arrangements in place in Northern Ireland. |
13 |
Power to enable PIRC staff to access the Centurion database |
Scottish Government |
In progress |
This is likely to require legislation to address data protection matters. Initial discussions with operational partners and staff associations have therefore taken place ahead of a full public consultation in 2022. PIRC and Police Scotland continue to explore Centurion's capabilities and possible non-legislative options prior to any potential legislative changes being made. |
37 |
PIRC powers to call in an investigation of a complaint |
Scottish Government |
In progress |
Initial discussions with operational partners and staff associations have taken place on this recommendation ahead of a full public consultation in 2022. Discussions with the Northern Ireland Executive and Irish Government are also planned to better understand the systems and arrangements in place in both Northern Ireland and Ireland to help consider this recommendation. |
38 |
PIRC powers to investigates practices or policies of Police Scotland |
Scottish Government |
In progress |
Initial discussions with operational partners and staff associations have taken place on this recommendation ahead of a full public consultation in 2022. Discussions are also underway with the UK Government to better understand the systems and arrangements in place in England and Wales to help consider this recommendation. Similarly, discussions with the Northern Ireland Executive are planned to better understand the systems and arrangements in place in Northern Ireland. |
43 |
Hold in mind a possible PONI model |
Scottish Government |
Keep under review |
Engagement with operational partners is required to determine when a periodic review by Scottish Ministers would be appropriate. Decisions are unlikely to be taken until after legislative changes have been progressed. |
81 |
Cross jurisdictional investigatory powers |
Scottish Government |
In progress |
Initial discussions with operational partners and staff associations have taken place on this recommendation ahead of a full public consultation in 2022. In advance of legislation, a cross-border MoU has been signed by operational partners setting out key principles and arrangements for the investigation of incidents involving police officers operating outwith their home country on mutual aid or cross-border operations. |
PR22 |
PIRC power to make recommendations and corresponding duty on the Chief Constable to comply |
Scottish Government |
In progress |
Initial discussions with operational partners and staff associations have taken place on this recommendation ahead of a full public consultation in 2022. Discussions are also underway with the UK Government to better understand the systems and arrangements in place in England and Wales to help consider this recommendation. |
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