Publication - Correspondence

Policing: complaints handling, investigations and misconduct issues independent review

Published: 19 March 2026
Directorate: Safer Communities Directorate
Topic: Law and order

Letter from co-chairs of the Ministerial Group to the Criminal Justice Committee on the status of recommendations made in the Independent Review of Complaints Handling, Investigations and Misconduct Issues in Relation to Policing.

To: Audrey Nicoll MSP, Convener of the Criminal Justice Committee

From: Angela Constance MSP, Cabinet Secretary for Justice and Home Affairs; Rt Hon Dorothy Bain KC, Lord Advocate

Dear Convener

Independent Review of Complaints Handling, Investigations and Misconduct Issues in Relation to Policing

As co-chairs of the Ministerial Group, we are writing to update you on progress regarding recommendations made from Dame Elish Angiolini’s Independent Review of Complaints Handling, Investigations and Misconduct Issues in Relation to Policing. The Review was jointly commissioned by the Scottish Government and Lord Advocate in 2018 and published in November 2020.

The Review aimed to strengthen key principles: fairness, accountability, transparency, proportionality and – critically – protection of human rights for all involved in the police complaints and police misconduct systems.

This was the first review of complaint handling, misconduct and investigations since the creation of new policing structures in 2013. The Review’s final report was published on 11 November 2020. Through her Preliminary and Final Reports, Dame Elish made 111 recommendations for improvements to systems, procedures and the legislative framework to reform this complex landscape.

In February 2021, the Scottish Government and Crown Office issued a joint response to the Review, with a clear commitment to accept the majority of Dame Elish’s recommendations. While many recommendations have been implemented as written, there was scope to explore options to achieve the desired outcome and ensure they were deliverable.

Given the complexity and breadth of the Review, with 30 recommendations in the Preliminary Report and 81 recommendations in the Final Report, it was important to have clear governance structures in place to oversee, direct and report on progress to ensure we delivered on our commitment to accept the recommendations, as stated in our Joint Response in February 2021. We believe this commitment has been successfully fulfilled with delivery scrutinised and reported on robustly, consistently and transparently since the Review was published at the end of 2020.

Ahead of primary and secondary legislation, significant progress was achieved in delivering recommendations that did not require legislative change. Of the 72 non-legislative recommendations, 59 were completed by policing partners across a broad range of areas. Updates on this progress were reported through five thematic progress reports and a Ministerial Group Minute in December 2023.

Since December 2023, the latest 9 recommendations signed off as completed mean that all non-legislative policing recommendations have now been delivered - a significant milestone in implementing Dame Elish’s recommendations. This brings the total to 68 out of 68 non-legislative policing recommendations. Annex A sets out the latest recommendations completed, while Annex B provides the current status of all recommendations arising from the review.

To deliver those recommendations requiring legislation, the Scottish Government introduced the Police (Ethics, Conduct and Scrutiny) (Scotland) Bill to Parliament on 6 June 2023. The Bill was passed by Parliament on 15 January 2025 and the Police (Ethics, Conduct and Scrutiny) (Scotland) Act 2025 (“the Act”) received Royal Assent on 4 March 2025.

The Act built on the improvement work that had already been delivered by policing partners and introduces several measures to further strengthen the police complaints and misconduct systems and enhance officer accountability. It provides a statutory framework to help focus attention on improving the culture and behaviour at all levels of policing.

The first set of commencement regulations under the Act came into force on 25 June 2025 and included the majority of provisions under the ‘Conduct’ cross-heading. This turns on the necessary enabling powers to allow further Dame Elish recommendations to be implemented through updated conduct regulations introduced via secondary legislation. The Scottish Government is currently consulting on the updated conduct regulations with members of the Scottish Police Consultative Forum. Given the complex and technical nature of this regulatory regime, it is anticipated that the updated conduct regulations will be laid early in the next Parliamentary term.

Dame Elish Angiolini’s review has been a catalyst for systemic cultural change and organisational development and the changes made since publication of the Review have provided much more transparency and accountability and have improved the accessibility and outcomes for complainants. These sustainable improvements have set the course for the future and are not only vital for improving public confidence in policing but are also beneficial for police officers.

Policing partners remain confident in the transformational changes delivered through the recommendations and are committed to ongoing review and improvement. Their assurance frameworks will ensure systems and processes adapt to changing circumstances and remain fit for purpose. To maintain public confidence in policing, partners will also continue to demonstrate the positive impact and sustained success of these improvements.

As we conclude this Parliamentary term, implementation of Dame Elish’s recommendations has reached a point where the remaining recommendations are either progressing through legislation or will be kept under review. With all non-legislative policing recommendations now delivered, this is an appropriate juncture to stand down the three tier governance framework.

We are confident that, through rigorous scrutiny by policing oversight bodies (the Scottish Police Authority, His Majesty’s Inspectorate of the Constabulary in Scotland and the Police Investigations and Review Commissioner), the few remaining recommendations in progress will continue to completion, and we are keeping a small number of recommendations under review.

We pay tribute to the collaborative effort across policing partners in delivering cross-cutting improvement recommendations and acknowledge the vital role of staff associations.

Finally, we thank the Committee for its scrutiny of the Review and support during the passage of the Bill.

Angela Constance
Cabinet Secretary for Justice and Home Affairs

Rt Hon Dorothy Bain KC
Lord Advocate

Annex A - recommendations signed off as completed since December 2023

Rights and Ethics

Rec	Description	Lead
R32	Ethical Issues – Roles of Committees	SPA

Governance and Accountability

Rec	Description	Lead
R29	SPA to hold Police Scotland to account for any delays and raise any concerns over PIRC delays with the commissioner.	SPA
R79	SPA Complaints and Conduct Committee to scrutinise Police Scotland’s performance in dealing with complaints and hold to account.	SPA

Equality, Diversity and Inclusion

Rec	Description	Lead
R5	Police Scotland and SPA to consider expanding collection and publication of diversity data.	Police Scotland
R19	Police Scotland should develop its diversity data collection and analysis to inform a proper understanding of issues related to discrimination.	Police Scotland
R60	Police Scotland to analyse complaints data to gain a better understanding of different groups and communities’ experience of the Police.	Police Scotland
R18	Independent review of equality matters within Police Scotland.	Police Scotland

Training and HR

Rec	Description	Lead
R11	Police Scotland to consider front line sergeant workload and supervisory ratio of sergeants to constables.	Police Scotland

Audit and Review

Rec	Description	Lead
R71	HMICS, and health inspection or audit body, to conduct a Review of efficiency and effectiveness of the whole system approach to mental health.	HMICS

Annex B - complaints, investigations and misconduct in policing - status of recommendations

Number	Recommendations	Lead	Current position
1	Code of Ethics should be given a basis in statute	Scottish Government	Complete – 2025 Act
2	Criminal Allegations Against Police Division (CAAP‑D) of COPFS to regularly repeat review of all the 'assault' and 'excessive force' categorised complaints received by Police Scotland in the month of March 2020	COPFS	Complete
3	Prevention of post incident conferral other than for pressing operational reasons	Police Scotland	Complete
4	Police Scotland performance report to identify 5 year trends	Police Scotland	Complete
5	Police Scotland and SPA to consider expanding collection and publication of diversity data	Police Scotland & SPA	Complete
6	All officers and support staff in Police Scotland's Professional Standards Department (PSD) to receive comprehensive induction training and regular refresher development	Police Scotland	Complete
7	Next follow‑up audit of six‑stage complaint handling process or audit of frontline resolution to be carried out by PIRC	PIRC	Complete
8	Clarify definition of “person serving with the police”	Scottish Government	Complete – 2025 Act
9	All frontline resolution should be carried out by Professional Standards Department	Police Scotland	Complete
10	Statutory duty of candour	Scottish Government	Complete – 2025 Act
11	Police Scotland to consider front line sergeant workload at and supervisory ratio of sergeants to constables	Police Scotland	Complete
12	Statutory duty of cooperation	Scottish Government	Complete within provision of duty of candour – 2025 Act
13	Power to enable PIRC staff to access the Centurion database	Scottish Government	In progress via 2025 Act
14	Police Scotland Executive team should consider in depth and review the criteria and competencies that it uses to assess police officers' readiness for promotion	Police Scotland	Complete
15	Police Scotland to use staff surveys, meetings and focus groups to understand the experience and impacts of discrimination, prejudice and unconscious bias on all minority groups in the workforce	Police Scotland	Complete
16	More diverse panels for disciplinary hearings	Police Scotland	Complete
17	Appropriate support for anyone who is subject to internal or external discrimination	Police Scotland	Complete
18	Independent review of equality matters within Police Scotland	Police Scotland	Complete
19	Police Scotland should develop its diversity data collection and analysis to inform a proper understanding of issues related to discrimination	Police Scotland	Complete
20	PIRC to be added to the list of prescribed persons in The Public Interest Disclosure (Prescribed Persons) Order 2014	Scottish Government	In progress via DBT / UKG
21	Police Scotland to review and audit whistleblowing arrangements and data	PIRC	Complete
22	Gross misconduct proceedings to continue even if /after officer leaves	Scottish Government	In progress via 2025 Act
23	For gross misconduct cases for all ranks, PIRC to consider continuation of disciplinary proceedings for former officers beyond 12 months	Scottish Government	In progress via 2025 Act
24	UK wide barred and advisory lists	Scottish Government	In progress via 2025 Act
25	Preliminary assessment to move from SPA to PIRC	Scottish Government	In progress via Amendment Regulations
26	PIRC to collaborate with SPA on preliminary assessment process (until legislative change is in place)	PIRC	Complete
27	Composition of Gross Misconduct Hearing panels, including independent legally qualified chair	Scottish Government	In progress via Amendment Regulations
28	Police Appeals Tribunal role in appeals to continue following transfer to SCTS	Scottish Government	Complete, December 2025
29	SPA to hold Police Scotland to account for any delays and raise any concerns over PIRC delays with the Commissioner	SPA	Complete
30	Greater public sharing of SPA Complaints and Conduct Committee work	SPA	Complete
31	SPA Complaints and Conduct Committee work to feature in SPA Annual Report and Accounts	SPA	Complete
32	Ethical issues – roles of Committees	SPA	Complete
33	Local scrutiny committees to consider what further complaints information or discussion would assist their scrutiny of the police	Local Scrutiny Committees & Police Scotland	Complete
34	PIRC to be re-designated as a Commission, with one Commissioner, two Deputy Commissioners and a statutory Board	Scottish Government	Partially complete
35	PIRC to be accountable to Parliament for non-criminal matters	Scottish Government	Not being taken forward.
36	Publicising recourse beyond PIRC to SPSO	PIRC	Complete
37	PIRC powers to call in an investigation of a complaint	Scottish Government	In progress via 2025 Act
38	PIRC powers to investigates practices or policies of Police Scotland	Scottish Government	In progress via 2025 Act
39	PIRC to handle key stages of senior officer misconduct proceedings	Scottish Government	In progress via 2025 Act
40	PIRC to have new statutory function to present cases in senior officer gross misconduct hearings	Scottish Government	In progress via Amendment Regulations
41	PIRC power to recommend suspension of senior officer	Scottish Government	In progress via Amendment Regulations
42	PIRC to conduct annual audit of triage within PSD of public complaints against the police to matters are properly identified and routed, and to provide assurance that Article 3 and Article 5 cases are correctly identified and reported to COPFS	PIRC	Complete
43	Hold in mind a possible PONI model	Scottish Government	Keep under review*
44	PIRC should ensure that discrimination issues are considered as an integral part of their work	PIRC	Complete
45	PIRC to report performance against targets in the Annual Report	PIRC	Complete
46	Publicising avenue to take criminal allegations to COPFS directly	COPFS	Complete
47	COPFS to refer all potential Article 3 and Article 5 breaches where a crime may have been committed to PIRC rather than Police Scotland	COPFS	Complete
48	Police Scotland to publicise right to complain	Police Scotland	Complete
49	Know your Rights section of the Police Scotland website to be improved	Police Scotland	Complete
50	Third‑party reporting centres for hate crime, including those representing minority groups, to offer support to complainers	Police Scotland	Complete
51	Faster misconduct hearings in certain circumstances	Scottish Government	In progress via Amendment Regulations
52	Gross misconduct proceedings to be held in public	Scottish Government	In progress via Amendment Regulations
53	Chair to consider protecting vulnerable witnesses including officer who is subject of Gross misconduct proceedings	Scottish Government	In progress via Amendment Regulations
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	Scottish Government	In progress
55	Statutory provision for Joint misconduct proceedings, including senior officers	Scottish Government	In progress via Amendment Regulations
56	Provision for misconduct allegations against probationers to be dealt with during probation period	Scottish Government	In progress
57	Alternatives to suspension to be added to regulations	Scottish Government	In progress via Amendment Regulations
58	Outcome of gross misconduct proceedings to be made public	Scottish Government	In progress via Amendment Regulations
59	SPA to confirm in its annual report whether or not the Chief Constable has suitable complaint handling arrangements in place	SPA	Complete
60	Police Scotland to analyse complaints data to gain a better understanding of different groups and communities' experience of the police	Police Scotland	Complete
61	Police Scotland and the PIRC to consider drawing on expertise of Audit Scotland and SPSO in re‑designing the audit arrangements for police complaints	Police Scotland	Complete
62	Police Scotland to appoint a PSD training officer to liaise with the SPSO, the PIRC and the SPA on joint training, best practice	Police Scotland	Complete
63	PIRC staff to work shadow police officers at peak times to understand context	PIRC	Complete
64	PIRC in house training on law of evidence	PIRC	Complete
65	PIRC and Police Scotland to develop training and development opportunities to embed learning from thematic analysis of complaints	PIRC	Complete
66	All Police Scotland officers and staff to receive training on unconscious bias, equality legislation and diversity with refresher courses	Police Scotland	Complete
67	Police Scotland to provide training on engaging with individuals displaying mental ill-health symptoms or related behaviours	Police Scotland	Complete
68	Strategic Oversight Group or National Complaint Handling Development Group to engage with the SPSO	Scottish Government	Complete
69	Amendment to Letter of Rights to clarify general rights and right to complain for detainees in custody	Scottish Government	Complete
70	Independent Custody Visitors to check that third parties have been notified of detention	SPA	Complete
71	HMICS, and health inspection or audit body, to conduct a Review of efficiency and effectiveness of the whole‑system approach to mental health	HMICS	Complete
72	NHS accident and emergency facilities designed to be able to deal safely with mental health care and acute crises	Scottish Government	Taken forward differently**
73	PIRC to act speedily in investigations of deaths in custody	PIRC	Complete
74	Access to free legal representation for families in Article 2 cases	Scottish Government	In progress via separate future legislation (interim measure in place)***
75	Scottish Government to consider which findings and recommendations made in the Deaths in Custody review points from 2017 can be mirrored by public bodies in Scotland	Scottish Government	Keep under review*
76	Consideration of a scheme to pay reasonable travel and subsistence expenses and compensation for loss of earnings for next of kin involved in FAIs	Scottish Government	Keep under review **
77	Restricted duties or transfers during investigation to take account of family circumstances and support	Police Scotland	Complete
78	Chief Constable to publish annually Police Scotland's performance in handling complaints against timescales in statutory guidance	Police Scotland	Complete
79	SPA Complaints and Conduct Committee to scrutinise Police Scotland's performance in dealing with complaints and hold to account	SPA	Complete
80	Time limit for submission of complaints by the public should be clear in the PIRC's statutory guidance and publicised on the relevant websites	PIRC	Complete
81	Cross jurisdictional investigatory powers	Scottish Government	In progress via 2025 Act and S104 Order. Time in Westminster is required

Preliminary Report recommendations (not including those overtaken by similar recommendations in the Final Report)

Reference	Recommendations	Lead	Current position
PR1	Police Scotland to refer all allegations of excessive force to COPFS	COPFS & Police Scotland	Complete
PR2	Police Scotland to review service‑wide capability of line managers, including the adequacy of training and support mechanisms	Police Scotland	Complete
PR3	Police Scotland to consider for employing more non‑police officer support staff in PSD. This is an option that Police Scotland may wish to ask HMICS to review	Police Scotland	Complete
PR4	Police Scotland to ensure that grievance matters are not artificially elevated and dealt with as conduct matters	Police Scotland	Complete
PR5	Frontline resolution of complaints to be subject to close and regular monitoring through regular, internal and external audits, and monitoring of decision‑making	Police Scotland	Complete
PR6	Police Scotland to adjust "Early intervention" practice to ensure officers are aware of a complaint against them	Police Scotland	Complete
PR8	Police Scotland to simplify navigating complaints process for members of the public	Police Scotland	Complete
PR9	Police Scotland to raise awareness of internal systems for mediation and grievance	Police Scotland	Complete
PR10	Police Scotland to provide officers in frontline resolution with training in mediation and customer handling	Police Scotland	Complete
PR11	Police Scotland to accelerate plans to expand use of Body Worn Video	Police Scotland	Complete
PR12	Police Scotland to reflect on the culture of the new service, address any long-standing issues and consider how everyone in the organisation can help to change that culture for the better	Police Scotland	Complete
PR13	Scottish Government to consider the case for amending the legislation to include a provision to deal with vexatious complainers	Scottish Government	In progress
PR15	PIRC to have statutory power to compel officers to attend for interview	Scottish Government	Complete within provision of duty of candour – 2025 Act
PR16	Complaints against senior officers should be prioritised and dealt with as speedily as possible	PIRC	Complete
PR17	Training for complaints and conduct officers in SPA to be consolidated to ensure up‑to‑date knowledge of complaint handling best practice	SPA	Complete
PR18	SPA to consider alternative options for senior officers other than suspension	SPA	Complete
PR19	Preliminary assessment to take factors into account, such as anonymity and potential vexatious basis	Scottish Government	In progress via Amendment Regulations
PR20	PIRC to consider the case for creating regional presence to enhance its capacity to respond immediately	PIRC	Complete
PR22	PIRC power to make recommendations and corresponding duty on the Chief Constable to comply	Scottish Government	In progress via 2025 Act
PR23	PIRC to consider building into structure legal support and advice capacity	PIRC	Complete
PR24	Following retirement of former police officers PIRC policy should be to replace them with non-police officers	PIRC	Complete
PR25	Independent management review to ensure that the PIRC has appropriate leadership, skills and culture to carry out its functions	PIRC	Complete
PR26	Establishment of Senior cross agency working group	All partners	Complete
PR27	All audit arrangements, including regular dip‑sampling, to be prioritised and co‑ordinated to improve standards and service to the public	All partners	Complete
PR30	Clarify definition of “a member of the public who may make a relevant complaint”	Scottish Government	Complete – 2025 Act

* The Thematic Progress Report published May 2023 stated that Recommendation 43 and Recommendation 75 will continue to be kept under review.

** Recommendation 72 and Recommendation 76 stretch beyond policing and were not included within the governance and reporting framework’s ‘sign off’ process, however, the status has been included above for transparency and further explanation is below:

In regard to Recommendation 72, Scottish Government are doing much more than this recommendation envisaged, through the implementation of the Framework for Collaboration and delivery of the Collaborative Commitments Plan.

In regard to Recommendation 76, Sheriff Principal Ian Abercrombie KC was appointed as Chair of an independent review to consider the Fatal Accident Inquiry (FAI) system on 15 May 2025. The purpose of the independent review was to consider the FAI system and make detailed and actionable recommendations which focus on improving the efficiency, effectiveness and trauma-informed nature of investigations into deaths in prison and police custody. The review identified the specific barriers that families face in engaging with the process and the timescales involved, and identified improvements that can be made on both fronts.

The Scottish Government is fully and carefully considering all the recommendations made by the independent review in respect of the FAI system, and also in the context of recommendation 76 of Dame Elish Angiolini’s independent review.

*** In regard to recommendation 74, an interim measure has been in place via the determination made by Scottish ministers in regards to the Legal Aid (Scotland) Act 1986 on 7 April 2025.

Policing - complaints handling, investigations and misconduct issues independent review

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