Publication - Consultation analysis
Police complaints, investigations and misconduct - legislation proposals: consultation analysis
Independent analysis of responses to the public consultation on legislative proposals relating to police complaints, investigations and misconduct which ran from 24 May to 16 August 2022.
5.1 Appendix A: Summary of consultation questions
| Recommendation area | Consultation question number |
|---|---|
| Code of ethics | 1.1A – 1.1H |
| Duty of candour | 1.2A – 1.2D |
| Duty of co-operation | 1.2E – 1.2I |
| PIRC power to compel officers to interview | 1.2J – 1.2K |
| Additional comments regarding duties of candour and co-operation | 1.2L – 1.2N |
| Whistleblowing | 1.3A – 1.3D |
| Legal Aid in Article 2 cases | 1.4A – 1.4D |
| Death of a serving police officer (investigation) | 1.5A – 1.5B |
| Definition of "person serving with the police" | 1.6A – 1.6C |
| Definition of "a member of the public" who may make a complaint | 1.6D – 1.6F |
| Changes to Police Investigations and Review Commissioner (PIRC) structure | 2.1A – 2.1H |
| PIRC to be accountable to the Scottish Parliament for non-criminal matters | 2.1I – 2.1N |
| Power to enable PIRC staff to access the Centurion database | 2.2A – 2.2D |
| PIRC powers to call in an investigation of a complaint | 2.2E – 2.2G |
| PIRC powers to investigate Police Scotland practices or policies | 2.2H – 2.2K |
| PIRC power to make recommendations and corresponding duty on the Chief Constable to comply | 2.2L – 2.2P |
| Cross-jurisdictional issues | 2.3A |
| Gross misconduct proceedings to be held in public | 3.1A – 3.1E |
| Protection of vulnerable witnesses in gross misconduct proceedings | 3.1F – 3.1H |
| Outcome of gross misconduct proceedings to be made public | 3.1I – 3.1J & 3.1N – 3.1P |
| Matters to be considered by a gross misconduct hearing | 3.1K – 3.1M & 3.1Q – 3.1R |
| Composition of gross misconduct hearing panels Senior Officers Chief Superintendents Non-senior officers below rank of Chief Superintendent Role of the Lord President | 3.1S – 3.1DD |
| Additional comments regarding misconduct and gross misconduct proceedings | 3.1EE, 3.1FF |
| Continuation of gross misconduct proceedings if officer leaves | 3.2A – 3.2G, 3.2L |
| Continuation of disciplinary proceedings for former officers beyond 12 months | 3.2H – 3.2J, 3.2L |
| Barred and advisory lists | 3.2K, 3.2L |
| Appeals against determinations of gross misconduct | 3.3A – 3.3C |
| Accelerated misconduct hearings | 3.4A – 3.4J |
| Key stages of senior officer misconduct proceedings | 3.5C |
| Preliminary assessment function | 3.5A – 3.5B |
| Preliminary assessment considerations | 3.5D – 3.5H |
| Presentation of cases in senior officer gross misconduct hearings | 3.5I – 3.5K |
| PIRC power to recommend suspension of senior officers | 3.5L – 3.5O |
| Vexatious complainers | 3.6A – 3.6B |
| Provisions to issue statutory guidance relating to conduct | 3.7A – 3.7F |
| Review of regulations regarding disciplinary and grievance procedures | 3.7G |
| Joint misconduct proceedings | 3.7H – 3.7M |
| Misconduct allegations against probationers | 3.7N – 3.7Q |
| Alternatives to suspension | 3.7R – 3.7T |
| Special constables conduct regulations | 3.8A – 3.8B |
| Liability for unlawful conduct | 4.1A – 4.1B |
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