Complaints, investigations and misconduct in policing - recommendations: progress report - December 2022
Fourth thematic progress report following publication of the independent review of complaints, investigations and misconduct in policing in Scotland, setting out implementation progress with details of the status and lead responsibility for each recommendation.
Theme 2: Jurisdiction and Powers
Recommendations within this theme will require, or are likely to require, either primary or secondary legislation to fully implement. As the public consultation has now closed and work to develop the new legislation continues, details of progress against recommendations under this theme will be limited in this report:
Progress Overview for the period 1 April to 30 September 2022
Recommendations
8 Clarify definition of “person serving with the police”.
Lead
Scottish Government
Current Position
In progress
The public consultation on legislative proposals closed on 16 August 2022. The analysis of responses has now been published and, as outlined in the current Programme for Government, the Police Complaints and Misconduct Handling Bill is expected to be introduced in 2022/23.
Recommendations
13 Power to enable PIRC staff to access the Centurion database.
Lead
Scottish Government
Current Position
In progress
As this is likely to require legislation to address data protection matters, it was been included within the public consultation and is likely to form part of the new Bill. In the interim, PIRC and Police Scotland continue to explore Centurion’s capabilities and possible non-legislative options prior to any potential legislative changes being made.
Recommendations
37 PIRC powers to call in an investigation of a complaint.
Lead
Scottish Government
Current Position
In progress
The public consultation on legislative proposals closed on 16 August 2022. The analysis of responses has now been published and, as outlined in the current Programme for Government, the Police Complaints and Misconduct Handling Bill is expected to be introduced in 2022/23.
Recommendations
38 PIRC powers to investigates practices or policies of Police Scotland.
Lead
Scottish Government
Current Position
In progress
The public consultation on legislative proposals closed on 16 August 2022. The analysis of responses has now been published and, as outlined in the current Programme for Government, the Police Complaints and Misconduct Handling Bill is expected to be introduced in 2022/23.
Recommendations
43 Recommendations
Hold in mind a possible PONI model.
Lead
Scottish Government
Current Position
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.
Recommendations
81 Cross jurisdictional investigatory powers.
Lead
Scottish Government
Current Position
In progress
Current Position
As outlined in the current Programme for Government, the Police Complaints and Misconduct Handling Bill is expected to be introduced in 2022/23.
The Scottish Government is currently engaged in discussions with the UK Government on this matter.
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.
Recommendations
PR22 PIRC power to make recommendations and corresponding duty on the Chief Constable to comply.
Lead
Scottish Government
Current Position
In progress
The public consultation on legislative proposals closed on 16 August 2022. The analysis of responses has now been published and, as outlined in the current Programme for Government, the Police Complaints and Misconduct Handling Bill is expected to be introduced in 2022/23.
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