The Police Investigations & Review Commissioner can review: How the police in Scotland handle complaints made to them by the public. The Police Investigations and Review Commissioner is independent of the police but employs several very experienced former police officers as well as investigators from non‑police backgrounds. In the meantime I would welcome specific evidence and views from interested organisations and individuals on this particular matter to help inform my final report. The expanded use of body cameras are among 81 recommendations. The figure covers the period from April to June, when 63% of people agreed they had confidence in their local police. In paragraph 276 I have suggested that COPFS may wish to consider whether the Lord Advocate's Guidelines on the Investigation of Complaints Against the Police should be updated, and this issue could be considered in that context. It is also critical that the process is subject to regular external audit by the PIRC and SPA. This is an option that Police Scotland may wish to ask HMICS to review. 84. Where the CARU identifies potential criminality from the information provided, it will be passed to the PSD Investigations team to investigate the allegations which may subsequently be notified to COPFS. In 2018-19 21 misconduct hearings and 11 misconduct meetings took place. The police service has always been structured around a command and control hierarchy, strict discipline, adherence to lawful instructions from a senior rank and rules that are often set out in statute. It also raises serious concerns about racism and discrimination within the force and calls for a separate, broader review to look into equality issues. “It is essential that the policing workforce is reflective of the communities it serves and that training, development, deployment, promotion and complaint practices support that aim. While acknowledging the different functions of the respective parties involved, this is an area where it would be appropriate to have consistency. The perception that such interactions have happened can also have a detrimental impact on public confidence generally and the attitude and involvement of victims, families and other witnesses. The purpose of the Complaint Handling Review (CHR) process is to determine whether or not a complaint was handled to a reasonable standard by the police. There is evidence that police officers feel exposed, stressed, and fearful of making a mistake that could result in disciplinary action or, at the extreme end of the spectrum, losing their job. 70. Officers who are subject to complaint can find this an extremely stressful experience and this can have a significant impact on their career and wellbeing especially if they are placed on restricted duties until the investigation is complete. The NGAU can refer a case for specialist investigation or to the Anti‑Corruption Unit (ACU). 143. The PIRC has a statutory duty to investigate the most serious matters, that is those referred to it by the Chief Constable or COPFS, but there is evidence that where the investigators are former police officers, members of the public have expressed views that this still feels as if the police are investigating the police. That is an entirely natural human response but where it happens it has a number of potential implications for the justice process and, in this context, for the complaints process. Justice Secretary Humza Yousaf said it it vital all parties reflect on the report in a bid to establish a "gold standard" police complaints system. Police Scotland Chief Constable Iain Livingstone said he would carefully consider the report's recommendations. Local policing is supported by a number of national specialist divisions and corporate services. There is information on what to include in a complaint and a link to the online complaints form on the Police Scotland website. out more about cookies, Coronavirus (COVID-19): what you need to know. I comment on the first structural proposal later in this report at paragraph 224, but at this point I consider there is merit in the second proposal by the PIRC that COPFS in its role as independent investigator should have early (that is, within 48 hours) notification of allegations of criminality against on‑duty police officers so that it can determine whether and how they should be investigated. 111. It could be argued that duty of candour is an obligation under Article 2 of the European Convention on Human Rights which requires parties to positively assist the state in conducting thorough and effective investigations. A 2014 study[38] in the United States found that the likelihood of force being used in control conditions, that is, without cameras, was roughly twice that when cameras were in use; and analysis of use-of-force and complaints data also supported this result with the number of complaints filed against officers dropping from 0.7 complaints per 1,000 contacts to 0.07 per 1,000 contacts. This debate has centred on the discretion afforded to Police Scotland in how they investigate certain categories of complaint and the scope afforded to the Chief Constable in deciding which serious incidents he will refer to the PIRC for independent investigation. 77. There is an obligation on the service and the other agencies involved to ensure that the conduct and complaints arrangements are fair, so that those at the frontline can enforce the law and take decisions in the best interests of the public with whom they are dealing, without fear of an unjustified complaint against them or their behaviour being distorted by perceptions of unfairness or excessive delay in the system. A review looking into the handling of complaints against the police in Scotland has called for “wide-ranging and significant improvements” to the system and the culture of Police Scotland. In her submissions to the Review the Police Investigations and Review Commissioner expressed concern that matters which appropriately should be independently investigated, may be routed away from an independent PIRC investigation, due to the level of discretion the police retain in dealing with complaints from members of the public. 147. A review looking into the handling of complaints against the police in Scotland has called for “wide-ranging and significant improvements” to the system and the culture of Police Scotland. She adds: "I encourage Police Scotland to address a range of fundamental cultural issues including engendering an organisational and individual willingness to apologise when that is appropriate. Such values motivate them to become police officers or support staff in the first place. Within Police Scotland support staff and officers may have issues with other members of the service which they wish to register that may appropriately be categorised as grievances. This access should be followed by regular triage meetings between PIRC and Police Scotland to ensure consistency and accuracy of approach to decision‑making. Against the background of these pressures it was suggested to the Review in focus groups that there was a need to re‑empower first and second line managers to take decisions rather than always escalate matters to a more senior rank. In order to mitigate those risks, clear and consistent guidelines and Codes of Practice would be necessary to govern operational practice and manage the data in accordance with the relevant legislation. 94. The purpose of the intervention is to allow the officer to act on the feedback, review and modify their behaviour as appropriate or undertake further training. She proposed allowing all complaints by members of the public to be made to an independent body such as the PIRC; and she reiterated an earlier proposal that the minimum standard should be that within 48 hours of any allegation of criminality being made, an initial report should be submitted by the police to COPFS. Police Scotland's Code of Ethics, based on the values of fairness, integrity and respect supports that culture by setting very clear standards and expectations for all members of the service. There are procedures for the different categories, however there was evidence that suggested that matters were inappropriately escalated by the aggrieved parties to the complaints route when the matters in question should, appropriately and proportionately, have been dealt with under the grievance procedure. 150. Police Scotland received 5,919 complaints in 2018-19. It is incumbent upon the police therefore that where a complaint is made that reasonably infers conduct of a criminal nature or a breach of the Convention rights under Articles 2, 3 and 5 these matters must be reported forthwith to the Procurator Fiscal, who is entirely independent of the police. Those five principles are: 87. Four of the 13 local police divisions have small dedicated CAP (Complaints Against the Police) Units, which liaise closely with PSD but are not part of PSD. If during the course of a witness statement the status of the officer changes and the investigating officer is forming a suspicion about the conduct of the police officer being interviewed, the police officer should be cautioned immediately and the interview should become one subject to the usual rights of any individual suspected of criminal conduct. The Review heard evidence that these processes and practice lack flexibility and that once a complaint starts down a particular route, it is seldom reconsidered when it becomes clear that it should be re‑routed down a more appropriate and proportionate avenue. The Chief Constable is the head of the service and is supported by a Force Executive comprising three Deputy Chief Constables, eight Assistant Chief Constables, a Deputy Chief Officer and three Directors. Recommendation: The Scottish Government should consider the case for amending the legislation to include a provision to deal with vexatious complainers. A major review of the handling of police complaints and investigations in Scotland yesterday called for urgent action on discrimination within … This is a good opportunity 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. Evidence of the use of ambiguous language in correspondence was provided. "In terms of the complaints process people can have absolute assurance if they make a complaint that will be investigated by Police Scotland and if necessary then that complaint handling will be investigated by the independent Pirc. Subject to the supporting infrastructure being in place, cameras should be rolled out nationally to all police officers working in the custody environment or in a public‑facing role. Dame Elish also recommends strengthening the powers of the Pirc and that the Scottish government looks at legislation to allow gross misconduct proceedings against a police officer to be heard in public. 92. The PIRC also considered that within 48 hours of receipt, COPFS should indicate whether or not the matter is to be referred to the PIRC for an independent investigation. Police Scotland have a long‑term aim in Policing 2026[36], their 10-year strategy document, to expand the use of body‑worn cameras, but this objective will only be a realistic prospect when financial and structural constraints are addressed. 93. This would ensure a consistent approach that is aligned with the objectives and the values of the organisation, including the ethos and values set out in the statutory guidance provided by the PIRC in its publication "From sanctions to solutions"[20]. on complaints against the police in Scotland. Led by Dame Elish Angiolini QC, it also highlights concerns about the treatment of recruits from ethnic minorities, the LGBTI community and women. Although a line manager might want to observe the officer over a period prior to intervention, there can seldom be any justification for delaying feedback for as long as 12 months. Anyone can make a complaint to the IPCC but they tend to only investigate the most serious claims – usually those involving severe injury or death. Although it is part of the statutory responsibility of the PIRC, no such audits of frontline resolution have been carried out by the PIRC since 2014; and while the SPA have carried out regular quarterly dip‑sampling these exercises have until very recently been superficial and unsatisfactory. Members of the public may reasonably expect an officer about whom they had complained would be advised of a complaint at an early stage to allow the officer to address his or her behaviour and change their approach. The European Court of Human Rights has developed five principles[26] for the effective investigation of complaints against the police that engage Article 2 or 3 of the European Convention on Human Rights including 'Independence' meaning that there should not be institutional or hierarchical connections between the investigators and the officer complained against and there should be practical independence. Where a complaint is initiated and resolved at a local police station, details of the complaint will be recorded and passed to PSD. 151. 134. Likewise, any other allegations of criminality by any police officer should also be referred to the Procurator Fiscal for instruction or consideration. Read about our approach to external linking. A third‑party investigatory function needs to be mature, proportionate and trusted; the level of actual or perceived independence is very often a critical determining factor in gaining or losing that trust. 101. Find out more 113. Hate crimes were up from mid-May, and police said a "significant number" of these related to neighbour disputes "which likely result from heightened tensions stemming from the pandemic situation". The recent creation of an Assistant Chief Constable post for Professionalism and Assurance in Police Scotland will ensure that the information gleaned from these reports is put to the greatest effect in ensuring that Police Scotland continuously improves its performance. Dame Elish, the former Lord Advocate, said if the Police Scotland's own professional standards department - which investigates complaints against officers - fails to improve confidence in … In my report to the then Home Secretary[32] I recommended that "other than for pressing operational reasons, police officers involved in a death in custody or serious incident, whether as principal officers or witnesses to the incident should not confer or speak to each other following that incident and prior to producing their initial accounts and statements on any matter concerning their individual recollections of the incident, even about seemingly minor details. Where the allegation is one that relates to a death in police custody or at the hands of the state, the allegation could amount to a breach of Article 2 of the Convention Rights, assault or inhuman or degrading treatment could amount to a breach of Article 3 or where it relates to unlawful detention these matters must also be dealt with independently of the police. There is an obligation on serving police officers and support staff to resolve non‑serious internal differences or disagreements in a professional and respectful way through discussion or mediation rather than by disproportionate use of formal systems. For example, it is common practice for a final resolution letter to the complainer to feature the phrase "the matter has been resolved" in circumstances where the final determination of that complaint by Police Scotland was that the complaint was not justified. These ranged from minor matters through to those assessed as gross misconduct and relate to conduct both on and off duty. PSD receives complaints, records and assesses them, allocates them for local or specialist investigation, supports the determination process, records organisational and individual learning and notifies the complainers of the outcome. Over the last few decades the availability of such evidence has increased significantly and has been of immense assistance in many investigations and subsequent trials. These units co-ordinate complaints to be followed up in their local division. .css-14iz86j-BoldText{font-weight:bold;}The police watchdog should be given greater powers to deal with complaints against the national force, according to a major independent review. It operated between 1 … While acknowledging that some complaints can be spurious, malicious or vexatious, in general it is important and in the interests of transparency and service improvement that officers should be told about complaints against them as soon as practicable, unless there are clear operational or welfare reasons suggesting otherwise. Evidence to the Review has raised questions, in the context of the investigation of serious complaints, about the importance of securing evidence speedily, for example the retention period for CCTV evidence can be limited to as short a period as 28 days. Triage in the context of police complaints is the process of assessing the information provided in order to decide how serious the matters are and how it should be dealt with. 95. In an interim report published last year she said .css-1xgj2ad-InlineLink:link{color:#3F3F42;}.css-1xgj2ad-InlineLink:visited{color:#696969;}.css-1xgj2ad-InlineLink:link,.css-1xgj2ad-InlineLink:visited{font-weight:700;border-bottom:1px solid #BABABA;-webkit-text-decoration:none;text-decoration:none;}.css-1xgj2ad-InlineLink:link:hover,.css-1xgj2ad-InlineLink:visited:hover,.css-1xgj2ad-InlineLink:link:focus,.css-1xgj2ad-InlineLink:visited:focus{border-bottom-color:currentcolor;border-bottom-width:2px;color:#B80000;}@supports (text-underline-offset:0.25em){.css-1xgj2ad-InlineLink:link,.css-1xgj2ad-InlineLink:visited{border-bottom:none;-webkit-text-decoration:underline #BABABA;text-decoration:underline #BABABA;-webkit-text-decoration-thickness:1px;text-decoration-thickness:1px;-webkit-text-decoration-skip-ink:none;text-decoration-skip-ink:none;text-underline-offset:0.25em;}.css-1xgj2ad-InlineLink:link:hover,.css-1xgj2ad-InlineLink:visited:hover,.css-1xgj2ad-InlineLink:link:focus,.css-1xgj2ad-InlineLink:visited:focus{-webkit-text-decoration-color:currentcolor;text-decoration-color:currentcolor;-webkit-text-decoration-thickness:2px;text-decoration-thickness:2px;color:#B80000;}}complaints against senior officers in Scotland should be dealt with more speedily, following criticism of the way allegations against former Chief Constable Phil Gormley were handled. In their evidence on criminal complaints against police officers, Police Scotland compare and contrast definitions related to how allegations of criminality by police officers are identified and dealt with at various stages within the overall complaints process. .css-1xgx53b-Link{font-family:ReithSans,Helvetica,Arial,freesans,sans-serif;font-weight:700;-webkit-text-decoration:none;text-decoration:none;color:#FFFFFF;}.css-1xgx53b-Link:hover,.css-1xgx53b-Link:focus{-webkit-text-decoration:underline;text-decoration:underline;}Read about our approach to external linking. 102. The Independent Police Complaints Commission (IPCC) is an independent body set up to deal with complaints against the police. As this report has acknowledged earlier, police officers do a difficult and often dangerous job in Scottish society. 62. Recommendation: Police Scotland should review the service‑wide capability of its line managers to line manage effectively, including the adequacy of training and mechanisms of support for line managers. When any police officer is the subject of four complaints within a twelve‑month period the recording of those complaints on the police Centurion database will, following investigation, trigger what is referred to by Police Scotland as "Early intervention". That assumption of co‑operation should be put beyond doubt in the primary legislation, including in the wording of the constable's declaration. You should not use this form to report a … For example, Police Scotland and the PIRC employ specially trained Family Liaison Officers, and COPFS have a Victim Information and Advice service (VIA) with offices around Scotland. She said it would be "improper" for her to comment before a public inquiry into the death is complete. Those leaders are critical in creating a constructive atmosphere between Police Scotland, the SPA and the PIRC, and those relationships are one of the mechanisms which should facilitate the effective operation of the checks and balances within the oversight and scrutiny arrangements. What happens to your body in extreme heat? 66. At present there is evidence that no such audits have been carried out by the PIRC since 2017 and those carried out by SPA have, until very recently, been superficial and inadequate. 98. They assess the information and log the complaint. The Review received evidence that PSD personnel did not receive training in mediation. It also raises serious concerns about racism and discrimination within the force and calls for a separate, broader review to look into equality issues. 126. This precipitate escalation may reflect a cultural or structural reluctance to engage with the normal employment law grievance practices. It has been suggested to me that, subject to the fundamental right to silence or privilege against self‑incrimination of a suspect under Article 6, consideration should be given to the creation of a duty of candour for officers in Scotland in the execution of their duty. At paragraph 76 I also propose that the PIRC should be given direct and supervisory access to monitor the Centurion system to more readily facilitate early PIRC awareness of criminal allegations. Because of the very nature of anonymity these complaints require to be treated with caution because of the potential false, vexatious and defamatory nature of the allegation. Around 22% of complaints related to quality of service, for example lack of police presence or the time taken to respond to a call. 128. 119. In some areas of the public services, body‑worn cameras have been introduced in order to facilitate transparency, trust within the community and to assist courts when addressing the actions of officers. The Review commenced in September 2018. 110. Being a police officer is a stressful profession that puts individuals into pressurised situations where they may be dealing on a daily basis with crime, violence, vulnerable people, victims, deaths and the bereaved. 146. On the one hand evidence of what is on offer in terms of welfare provision and other support mechanisms suggests provision is adequate; and on the other hand officers describe difficulties in accessing what is available for any meaningful length of time. The geographical deployment of officers in hubs is designed to provide the ability to give independence to investigations if and when required within the context and supervision of a national department. It is imperative that such information regarding these complaints is used to allow the organisation to improve with a view to driving up its standards of performance and service. My starting point is that those in the office of constable and holding the powers of that office have a higher duty than others to account for their actions and record what they did or saw in the execution of their duties. .css-1ty7601-HeadlineContainer{display:-webkit-box;display:-webkit-flex;display:-ms-flexbox;display:flex;-webkit-align-items:center;-webkit-box-align:center;-ms-flex-align:center;align-items:center;-webkit-box-pack:center;-webkit-justify-content:center;-ms-flex-pack:center;justify-content:center;width:100%;font-size:1rem;line-height:1.375rem;}.css-ftbx47-Heading{width:100%;}Hundreds detained at Navalny protests in Russia.css-2nuv1h-Rank{font-size:1.5rem;line-height:1.75rem;font-weight:normal;padding-left:0.75rem;color:#B80000;}@media (min-width:37.5rem){.css-2nuv1h-Rank{font-size:2rem;line-height:2.25rem;}}1, Biden apologises over troops sleeping in car park2, EU vaccine woes mount as new delays emerge4, New light shed on Darwin's 'abominable mystery'5, Wuhan marks its anniversary with triumph and denial6, Trudeau conveys pipeline 'disappointment' to Biden7, Hotel quarantine for UK arrivals to be discussed9, Senior doctors want gap between Covid jabs halved10. You should use this form to initiate the process of making a formal complaint against one or more officers or members of support staff employed by Police Service of Scotland. This vital aspect of complaints should however be subject to close and regular monitoring through internal and meaningful audits of decision‑making. As commissioned by the Cabinet Secretary and Lord Advocate, the review will consist of two phases: 1. the first phasewill include a consideration of current procedures and guidance to identify areas for immediate improvement 2. the second phasewill include a wider assessment of the frameworks and practice in relation to complaints handling, investigations and misconduct issues, covering the Police Investigations and Review Commissioner, the SPA and Police Scotland. The fundamental Article 6 right of a suspect to remain silent outweighs the Article 2 obligation of the state to provide an effective investigation in the event of a death at the hands of the state or in an investigation of an alleged breach of Articles 3 (inhuman or degrading treatment) or Article 5 (unlawful detention). 141. ... mygov.scot is the place for people in Scotland to access public services that are easy to find and simple to use. The BBC is not responsible for the content of external sites. Recommendation: Police Scotland should consider the scope for employing more non‑police officer support staff in PSD with appropriate seniority, skills and level of knowledge of complaints handling. Police Scotland provided a paper[22]to the SPA Complaints and Conduct Committee which stated that in 2018‑19 39.8% of complaints were frontline resolved by PSD through explanation. 104. There was evidence of a tendency to put things on paper, formalise them and escalate them to the next level of process, when use of the Performance Regulations would represent a more appropriate response to officer behaviour based on learning and improvement rather than punishment. In certain incidents, different and sometimes competing Human Rights obligations of the state may be engaged. Recommendation: Police Scotland should adjust its practice in respect of "Early intervention". 85. Some evidence was provided of over‑stretched line managers: sergeants facing little respite in carrying out their operational and line management responsibilities, and inspectors with increased burdens who were also asked to deal with complaints referred to them from the Complaints Assessment and Resolution Unit (CARU). Scottish Police Federation representatives gave evidence that where all systems were in place in COPFS and Police Scotland, body‑worn video could be an asset to the service. In the following sections consideration will be given to whether this function should remain with Police Scotland or, as has been suggested by the PIRC, transferred elsewhere outwith the police. 148. 118. (This has been a major issue for the Independent Office for Police Conduct (IOPC) in England and Wales; but two thirds of its staff in investigative roles now do not have any type of policing background.) The obligation of a constable to assist the investigation of a death or a serious incident. You should not use this form to report a crime, or for any other purpose. They state: 'Area Procurators Fiscal have a duty to investigate all complaints and allegations which are made against police officers where it is alleged that a crime may have been committed by a police officer or officers in the course of their duty' ", "Regulation 9(1) of the Police Service of Scotland (Conduct) Regulations 2014, provides: 'If the Deputy Chief Constable considers that it can reasonably be inferred that a constable may have committed a criminal offence, the Deputy Chief Constable must refer the matter to the appropriate prosecutor' ", "Further to this, Section 33A(b)(i) of The Police, Public Order and Criminal Justice (Scotland) Act 2006 highlights it is a general function of the Commissioner: 'where directed to do so by the appropriate prosecutor, to investigate any circumstance in which there is an indication that a person serving with the police may have committed an offence' ". 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