Information

Police complaints, investigations and misconduct - legislation: consultation

The aim of the consultation is to seek views on legislative proposals with a view to delivering new laws that improve transparency and further strengthen public confidence in policing following Dame Elish Angiolini's review into Police Complaints Handling, Investigations and Misconduct issues.


Footnotes

1. Post-legislative scrutiny of the Police and Fire Reform (Scotland) Act 2012 - Parliamentary Business : Scottish Parliament

2. Code of Ethics Police Scotland

3. The Police Service of Scotland (Conduct) Regulations 2014, Schedule 1. The Standards of Professional Behaviours are the same for the Police Service of Scotland (Senior Officers) (Conduct) Regulations 2013, except that this refers to 'other senior officers' rather than 'other constables.'

4. Police Service of Scotland (Conduct) Regulations 2014, Reg. 2. The definition is the same for Senior officers in the Police Service of Scotland (Senior Officers) (Conduct) Regulations 2013, Reg. 2 except that the reference to a possible demotion in rank is omitted.

5. Police and Fire Reform (Scotland) Act 2012, section 20.

6. Police and Fire Reform (Scotland) Act 2012, section 10.

7. The Police Service of Scotland (Conduct) Regulations 2014, Schedule 1 (Standards of Professional Behaviour).

8. Report of the independent review of deaths and serious incidents in police custody

9. The Police Investigations and Review Commissioner (Investigations Procedure, Serious Incidents and Specified Weapons) Regulations 2013, Reg. 5.

10. 'Police officers have a responsibility to give appropriate cooperation during investigations, inquiries and formal proceedings, participating openly and professionally in line with the expectations of a police officer when identified as a witness.' The Police (Conduct) Regulations 2020, Schedule 2 (Standards of Professional Behaviour).

11. Policing and Crime Act 2017, chapter 3.

12. The Public Interest Disclosure (Prescribed Persons) Order 2014

13. Police, Public Order and Criminal Justice (Scotland) Act 2006

14. Fatal Accident Inquiries - Scottish Legal Aid Board

15. Police, Public Order and Criminal Justice (Scotland) Act 2006, section 33A, where the Procurator Fiscal is required to investigate the death under the Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016, section 2.

16. Police, Public Order and Criminal Justice (Scotland) Act 2006, section 47.

17. Police, Public Order and Criminal Justice (Scotland) Act 2006, section 34.

18. Police and Fire Reform (Scotland) Act 2012, section 62, and Police, Public Order and Criminal Justice (Scotland) Act 2006, section 33.

19. Schedule 4 of the Police, Public Order and Criminal Justice (Scotland) Act states that the Commissioner may appoint such staff as the Commissioner considers appropriate and members of staff are to be appointed on such terms and conditions as the Commissioner determines.

20. Section 33 and 33A and Schedule 4 of the Police, Public Order and Criminal Justice (Scotland) Act 2006, as amended by the Police and Fire Reform (Scotland) Act 2012 sets out the current functions and governance arrangements for the Police Investigations and Review Commissioner (PIRC).

21. Police, Public Order and Criminal Justice (Scotland) Act 2006, Schedule 4, para. 2 precludes former police officers of any rank from being appointed to the office of Commissioner.

22. Scotland Act 1998, section 23.

23. Opinion of the Commissioner for Human Rights Concerning Independent and Effective Determination of Complaints Against the Police, p. 8, para. 36. Quoted on page 213, para. 14.28 of the final report.

24. Police, Public Order and Criminal Justice (Scotland) Act 2006, section 41C.

25. Police and Fire Reform (Scotland) Act 2012, section 74.

26. HMICS and PIRC have a Memorandum of Understanding (MoU) which can be accessed on HMICS' website: HMICS | HMICS & The Police Investigations & Review Commissioner (PIRC) Memorandum of Understanding.

27. Police, Public Order and Criminal Justice (Scotland) Act, section 35 details PIRC's role in relation to a complaint handling review.

28. The Police Service of Scotland (Conduct) Regulations 2014, Reg. 10.

29. The Police Service of Scotland (Senior Officers) (Conduct) Regulations 2013, Reg. 8.

30. The Police Service of Scotland (Conduct) Regulations 2014, Reg. 15. To note that the designated Deputy Chief Constable already has the power to prevent the disclosure of key documents 'for the welfare and safety of any informant or witness' to the constable who is the subject of proceedings (though a written summary must be provided as far as reasonably possible).

31. Angiolini, 'Report of the Independent Review of Deaths and Serious Incidents in Police Custody', January 2017, p. 174, para. 13.29.

32. Police Service of Scotland (Conduct) Regulations 2014, Reg. 2. The definitions are the same for Senior officers in the Police Service of Scotland (Senior Officers) (Conduct) Regulations 2013, Reg. 2, except that the reference to a possible demotion in rank is omitted.

33. The Police Service of Scotland (Conduct) Regulations 2014, Reg. 16 states that the constable conducting the hearing 'must be of at least the rank of superintendent [and] (b) must be at least two ranks higher than the constable who is the subject of the misconduct allegation'.

34. 'In a case where a decision to dismiss the senior officer has been confirmed, a notice under paragraph (9) must inform the senior officer of that officer's right under section 56 of the [2012 Police and Fire Reform] Act to appeal to a police appeals tribunal', Police Service of Scotland (Senior Officers) (Conduct) Regulations 2013, Reg. 26.

35. The Police Service of Scotland (Conduct) Regulations 2014, Reg. 25 and The Police Service of Scotland (Senior Officers) (Conduct) Regulations 2013, Reg. 26.

36. There are currently 15 senior officers in Scotland: Executive Team - Police Scotland.

37. The Police Service of Scotland (Senior Officers) (Conduct) Regulations 2013, Regs. 8-9.

38. The Police Service of Scotland (Senior Officers) (Conduct) Regulations 2013, Reg. 8

39. The Police Service of Scotland (Conduct) Regulations 2014, Reg. 10.

40. Code of Practice on disciplinary and grievance procedures | Acas

41. Police Service of Scotland (Conduct) Regulations 2014 Guidance

42. The Police Service of Scotland (Special Constables) Regulations 2013. Part 4 details the misconduct process for special constables while Schedule 2 details conduct constituting misconduct.

Contact

Email: policingconsultation2022@gov.scot

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