Complaints, investigations and misconduct in policing - implementation of recommendations: thematic progress report – June 2022

Third 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 6: Conduct and Standards

Legislation, either primary or secondary, will be required to implement all of the recommendations still in progress under this theme.

The Scottish Government is currently consulting on legislative proposals relating to conduct and standards with a view to delivering new laws that improve transparency and further strengthen public confidence in policing. As the public consultation has now launched and the responses will help to shape the preparation of a Police Complaints Bill, individual commentary on each recommendation has not been included within this report to avoid pre-empting this on-going engagement and consultation. We will continue to engage with stakeholders throughout the consultation period and when developing any proposals to implement recommendations.

Progress Overview for the period 1 October 2021 to 31 March 2022

Recommendations

22

Gross misconduct proceedings to continue even if /after officer leaves

Lead

Scottish Government

Current Position

In progress

Current Position

The public consultation has now launched and the responses will help to shape the preparation of a draft Bill. We will continue to engage with stakeholders throughout the consultation period. A further update on this will be provided in the next Thematic Progress Report.

Recommendations

23

For gross misconduct cases for all ranks, PIRC to consider continuation of disciplinary proceedings for former officers beyond 12 months

Lead

Scottish Government

Current Position

In progress

Current Position

The public consultation has now launched and the responses will help to shape the preparation of a draft Bill. We will continue to engage with stakeholders throughout the consultation period. A further update on this will be provided in the next Thematic Progress Report.

Recommendations

24

UK wide barred and advisory lists

Lead

Scottish Government

Current Position

In progress

Current Position

The public consultation has now launched and the responses will help to shape the preparation of a draft Bill. We will continue to engage with stakeholders throughout the consultation period. A further update on this will be provided in the next Thematic Progress Report.

Recommendations

25

Preliminary assessment to move from SPA to PIRC

Lead

Scottish Government

Current Position

In progress

Current Position

The public consultation has now launched and the responses will help to shape the preparation of a draft Bill. We will continue to engage with stakeholders throughout the consultation period. A further update on this will be provided in the next Thematic Progress Report.

Recommendations

27

Composition of Gross Misconduct Hearing panels, including independent legally qualified chair

Lead

Scottish Government

Current Position

In progress

Current Position

The public consultation has now launched and the responses will help to shape the preparation of a draft Bill. We will continue to engage with stakeholders throughout the consultation period. A further update on this will be provided in the next Thematic Progress Report.

Recommendations

28

Police Appeals Tribunal role in appeals to continue following transfer to SCTS

Lead

Scottish Government

Current Position

In progress

Current Position

The public consultation has now launched and the responses will help to shape the preparation of a draft Bill. We will continue to engage with stakeholders throughout the consultation period. A further update on this will be provided in the next Thematic Progress Report.

Recommendations

39

PIRC to handle key stages of senior officer misconduct proceedings.

Lead

Scottish Government

Current Position

In progress

Current Position

The public consultation has now launched and the responses will help to shape the preparation of a draft Bill. We will continue to engage with stakeholders throughout the consultation period. A further update on this will be provided in the next Thematic Progress Report.

Recommendations

40

PIRC to have new statutory function to present cases in senior officer gross misconduct hearings

Lead

Scottish Government

Current Position

In progress

Current Position

The public consultation has now launched and the responses will help to shape the preparation of a draft Bill. We will continue to engage with stakeholders throughout the consultation period. A further update on this will be provided in the next Thematic Progress Report.

Recommendations

41

PIRC power to recommend suspension of senior officer

Lead

Scottish Government

Current Position

In progress

Current Position

The public consultation has now launched and the responses will help to shape the preparation of a draft Bill. We will continue to engage with stakeholders throughout the consultation period. A further update on this will be provided in the next Thematic Progress Report.

Recommendations

51

Faster misconduct hearings in certain circumstances

Lead

Scottish Government

Current Position

In progress

Current Position

The public consultation has now launched and the responses will help to shape the preparation of a draft Bill. We will continue to engage with stakeholders throughout the consultation period. A further update on this will be provided in the next Thematic Progress Report.

Recommendations

52

Gross misconduct proceedings to be held in public

Lead

Scottish Government

Current Position

In progress

Current Position

The public consultation has now launched and the responses will help to shape the preparation of a draft Bill. We will continue to engage with stakeholders throughout the consultation period. A further update on this will be provided in the next Thematic Progress Report.

Recommendations

53

Chair to consider protecting vulnerable witnesses including officer who is the subject of Gross misconduct proceedings

Lead

Scottish Government

Current Position

In progress

Current Position

The public consultation has now launched and the responses will help to shape the preparation of a draft Bill. We will continue to engage with stakeholders throughout the consultation period. A further update on this will be provided in the next Thematic Progress Report.

Recommendations

54

Scottish Ministers to have powers to consult on and issue guidance in respect of conduct, conferring duties to have regard to guidance, also introducing Reflective Practice Reviews

Lead

Scottish Government

Current Position

In progress

Current Position

The public consultation has now launched and the responses will help to shape the preparation of a draft Bill. We will continue to engage with stakeholders throughout the consultation period. A further update on this will be provided in the next Thematic Progress Report.

Recommendations

55

Statutory provision for Joint misconduct proceedings, including senior officers

Lead

Scottish Government

Current Position

In progress

Current Position

The public consultation has now launched and the responses will help to shape the preparation of a draft Bill. We will continue to engage with stakeholders throughout the consultation period. A further update on this will be provided in the next Thematic Progress Report.

Recommendations

56

Provision for misconduct allegations against probationers to be dealt with during probation period

Lead

Scottish Government

Current Position

In progress

Current Position

The public consultation has now launched and the responses will help to shape the preparation of a draft Bill. We will continue to engage with stakeholders throughout the consultation period. A further update on this will be provided in the next Thematic Progress Report.

Recommendations

57

Alternatives to suspension to be added to regulations

Lead

Scottish Government

Current Position

In progress

Current Position

The public consultation has now launched and the responses will help to shape the preparation of a draft Bill. We will continue to engage with stakeholders throughout the consultation period. A further update on this will be provided in the next Thematic Progress Report.

Recommendations

58

Outcome of gross misconduct proceedings to be made public

Lead

Scottish Government

Current Position

In progress

Current Position

The public consultation has now launched and the responses will help to shape the preparation of a draft Bill. We will continue to engage with stakeholders throughout the consultation period. A further update on this will be provided in the next Thematic Progress Report.

Recommendations

PR19

Preliminary assessment to take factors into account, such as anonymity and potential vexatious basis

Lead

Scottish Government

Current Position

In progress

Current Position

The public consultation has now launched and the responses will help to shape the preparation of a draft Bill. We will continue to engage with stakeholders throughout the consultation period. A further update on this will be provided in the next Thematic Progress Report.

The following is a list of recommendations within this theme which have already been signed off by the Ministerial Group as completed in 2021:

Signed off by Ministerial Group as completed and reported in the 16 December 2021 Thematic Progress Report

Recommendations

26

PIRC to collaborate with SPA on preliminary assessment process (until legislative change is in place)

Lead

SPA/PIRC

Recommendations

PR16

Complaints against senior officers should be prioritised and dealt with as speedily as possible

Lead

SPA/PIRC

Recommendations

PR18

SPA to consider alternative options for senior officers other than suspension

Lead

SPA

Contact

Email: police_division_hub_mailbox@gov.scot

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