Complaints, investigations and misconduct in policing: implementation progress report

Fifth 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.

Annex B

Recommendations requiring Legislation to Fully Implement

Theme 1: Rights and Ethics
1 Code of Ethics should be given a basis in statute
8 Clarify definition of "person serving with the police"
10 Statutory duty of candour
12 Statutory duty of cooperation
20 PIRC to be added to the list of prescribed persons in The Public Interest Disclosure (Prescribed Persons) Order 2014
74 Access to free legal representation for families in Article 2 cases
PR15 PIRC to have statutory power to compel officers to attend for interview
PR30 Clarify definition of "a member of the public who may make a relevant complaint"
Theme 2: Governance, Jurisdiction and Powers
13 Power to enable PIRC staff to access the Centurion database
34 PIRC to be re-designated as a Commission, with one Commissioner, two Deputy Commissioners and a statutory Board
35 PIRC to be accountable to Parliament for non-criminal matters
37 PIRC powers to call in an investigation of a complaint
38 PIRC powers to investigates practices or policies of Police Scotland
81 Cross jurisdictional investigatory powers
PR22 PIRC power to make recommendations and corresponding duty on the Chief Constable to comply
Theme 6: Conduct and Standards
22 Gross misconduct proceedings to continue even if /after officer leaves
23 For gross misconduct cases for all ranks, PIRC to consider continuation of disciplinary proceedings for former officers beyond 12 months
24 UK wide barred and advisory lists
25 Preliminary assessment to move from SPA to PIRC
27 Composition of Gross Misconduct Hearing panels, including independent legally qualified chair
28 Police Appeals Tribunal role in appeals to continue following transfer to SCTS
39 PIRC to handle key stages of senior officer misconduct proceedings
40 PIRC to have new statutory function to present cases in senior officer gross misconduct hearings
41 PIRC power to recommend suspension of senior officer
51 Faster misconduct hearings in certain circumstances
52 Gross misconduct proceedings to be held in public
53 Chair to consider protecting vulnerable witnesses including officer who is the subject of Gross misconduct proceedings
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
55 Statutory provision for Joint misconduct proceedings, including senior officers
56 Provision for misconduct allegations against probationers to be dealt with during probation period
57 Alternatives to suspension to be added to regulations
58 Outcome of gross misconduct proceedings to be made public
PR13 Scottish Government to consider the case for amending the legislation to include a provision to deal with vexatious complainers
PR19 Preliminary assessment to take factors into account, such as anonymity and potential vexatious basis

Note: The recommendations have been organised into the three themes used in the public consultation last year.



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