Police Scotland and Scottish Government meeting: April 2025

Attendees and apologies

• Angela Constance MSP, Cabinet Secretary for Justice and Home Affairs
• Jo Farrell, Chief Constable, Police Scotland
• Jane Connors, Deputy Chief Constable, Police Scotland
• Alan Speirs, Deputy Chief Constable, Police Scotland
• Don McGillivray, Director of Safer Communities, Scottish Government
• Lynsey McKean, Police Division, Scottish Government (note)

Items and actions

UK Supreme Court ruling

The Chief Constable noted Police Scotland had closely followed the Supreme Court judgement and was undertaking a review of data and recording standards, terminology, and associated policies, with an initial phase of work expected to conclude by June. A human rights lawyer has been engaged to help provide advice to Police Scotland on the process. Reporting through the SPA will take place in due course. However, the Chief Constable expressed caution about reacting too quickly without clear legal guidance.

The Cabinet Secretary emphasised that it is vital for public services to move forward in a coordinated way, based on guidance which is awaited from the EHRC. The Cabinet Secretary for Social Justice, Ms Somerville, has written directly to the EHRC seeking clarity on the forthcoming guidance. The Chief Constable stated that Police Scotland has made links with NPCC and the College of Policing, particularly regarding custody, stop and search, and single-sex spaces, although their timeframes for review may be somewhat longer than currently planned by Police Scotland. 

Don McGillivray set out the Office for National Statistics (ONS) and the Chief Statistician in Scotland are conducting work to determine consistent statistical treatment of sex and gender and offered to stay in touch regarding the outcome of this work.

Summary Case Management

The Chief Constable reflected on the national rollout of summary case management (SCM). Initial data from Glasgow suggests important efficiencies. Police Scotland will continue to monitor its effectiveness as implementation progresses.

The Chief Constable noted recent coverage of possible action by Bar Associations that could affect rollout of SCM but stated the impact to date had not been significant. The Cabinet Secretary expressed her support for summary case management and noted there is a strong case for greater incentivisation of early resolution in criminal cases. 

The Chief Constable and DCC Connors had met with Martyn Evans, Chair of the Sentencing and Penal Policy Commission, to begin shaping thoughts in relation to his review.

Custody for juveniles

Deputy Chief Constable Connors is leading an internal review with public protection colleagues to better understand how custody for juveniles is currently managed. This is, in part, in response to a recent HMICS custody report. While the number of juveniles in custody is currently low, there is concern for young people, particularly higher-harm individuals who may end up in secure care. 

The Cabinet Secretary welcomed a cross-portfolio approach and will engage with colleagues to support the right policy connections being made. She noted the importance of wrapping the right support around young people with efforts underway to ensure the right capacity in secure accommodation. 

Domestic Abuse Protection (Scotland) Act 2021

The Chief Constable spoke to the concerns around the practical implementation of the Act. The Chief Constable remains supportive of the Act, stating there is a place for such protections but emphasised the need to reach a point where they can be applied reliably and effectively in the operational space. 

The Cabinet Secretary recognised and appreciated the Chief Constable’s position. She is giving consideration to the way ahead, including both legislative and non-legislative options. A letter has been sent to the Equalities, Human Rights and Civil Justice Committee while a clearer position is developed. The Cabinet Secretary confirmed that Part 2 of the legislation, which relates to powers for social landlords, will proceed as planned.

Police pay

DCC Speirs confirmed claims from staff associations and trade unions had been received. Reflecting on last year’s pay negotiations, discussion focused on what could be done to reach a positive resolution in 2025-26. 

The Cabinet Secretary noted the planned publication of Part 1 of the Fraser of Allander Institute research and the 2024-25 pay arbitration findings. There is room for different perspectives on the research and a recognition that some of the settlements this year to date had gone beyond pay policy. 

The Chief Constable spoke about the work taking place within Police Scotland to provide improved and more regular communications with officers and staff on the pay process.

Staff Association engagement

A discussion took place on how engagement with staff associations could be improved to help support the pay process, workforce culture and practices. Police Scotland offered to share some reflections on this issue separately.

Serious Organised Crime (SOC)

DCC Connors provided a high-level operational update regarding Organised Crime Group (OCG) related incidents in the east and west of the country. She highlighted close working with the Crown Office and Procurator Fiscal Service (COPFS), Scottish Prison Service and the Scottish Fire and Rescue Service, and also concerns about the involvement of young people in some of the incidents. She reassured the Cabinet Secretary of the continued focus on this matter within the organisation. The Chief Constable spoke about proactive communications and work with the media to provide public reassurance. 

The Cabinet Secretary sought reassurance that Police Scotland had the right powers and support at their disposal and committed to tabling this matter for the agenda of the next SOC Taskforce meeting.

Mental health first aiders

DCC Speirs provided an update on the training of mental health first aiders, as part of Police Scotland’s response to the recommendations made in the HMICS report on Policing Mental Health demand. An accredited training course is now in place and supports the work Police Scotland is doing through its Mental Health Taskforce. 

DCC Speirs emphasised that the aim is to maintain a balanced approach by equipping frontline officers to respond appropriately to mental health issues without turning them into mental health professionals or support workers. The Cabinet Secretary was supportive of this balanced model. 

HMICS Best Value Inspection

Police Scotland is preparing for the HMICS Best Value inspection and will await specific lines of enquiry from Audit Scotland and HMICS. The Cabinet Secretary welcomed the inspection, noting it will provide an important point of reflection. 

Emma Caldwell Inquiry

The Cabinet Secretary confirmed that Lord Scott has been appointed as Chair of the Inquiry, with the Cabinet Secretary having met him to discuss practical matters. It was agreed that the Terms of Reference will be an important piece of work in the period ahead.