Complaints, investigations and misconduct in policing - recommendations: progress report - December 2022

Theme 1: Rights and Ethics

The independent review of complaints handling, investigations and misconduct in relation to policing in Scotland sought to bring greater fairness, transparency, accountability and proportionality, protecting the human rights of all involved. This continues to be a priority for the Scottish Government, Crown Office, PIRC, SPA, HMICS and Police Scotland.

Letter of Rights

The revised versions of the Letter of Rights for Scotland are still on track for submission to the Minister for Community Safety for approval in late 2022.

Following approval, and the publication and translation process, the letters – Children and Young People and an easy read version - will be published on the Scottish Government website and available for download and rollout by Police Scotland. It is anticipated that, at this point, Recommendation 69 can be submitted by Scottish Government for sign off as completed.

Plans are also being developed for a monitoring and review exercise approximately a year after the roll out of both Letters of Rights to assess their effectiveness and success.

Ethics in Policing

As reported in June, a Memorandum of Understanding has been established between the SPA Chair and Chief Constable in relation to Recommendation 32. This approach is being further enhanced through work of the Scottish Government’s Independent Advisory Group on Emerging Technology (ETIAG) where Police Scotland’s Data Ethics Framework and an SPA sponsored approach to wider ethics based business case assessment are key elements of overall programme.

The ETIAG was set up to scope the possible legal and ethical issues arising from emerging technological developments in relation to operational policing and ensuring it is compatible with equality and human rights legislation and best practice. The report and recommendations from the ETIAG are now expected to be delivered in the latter part of 2022 and will be considered as part of the SPA’s wider approach to oversight of ethical considerations.

Further updates

A number of the recommendations under this theme will require either primary or secondary legislation to implement and reporting on those recommendations will, therefore, be limited. Details on progress against other recommendations under this theme are set out in the tables below.

Progress Overview for the period 1 April to 30 September 2022

Recommendations

1 Code of Ethics should be given a basis in statute.

Lead

Scottish Government

Current Position

In progress

SPA is also considering the Code of Ethics as part of broader ethical oversight. This links to recommendation 32.

Recommendations

10 Statutory duty of candour.

Lead

Scottish Government

Current Position

In progress

The public consultation on legislative proposals closed on 16 August 2022. The analysis of responses has now been published and, as outlined in the current Programme for Government, the Police Complaints and Misconduct Handling Bill is expected to be introduced in 2022/23.

Recommendations

12 Statutory duty of cooperation.

Lead

Scottish Government

Current Position

In progress

The public consultation on legislative proposals closed on 16 August 2022. The analysis of responses has now been published and, as outlined in the current Programme for Government, the Police Complaints and Misconduct Handling Bill is expected to be introduced in 2022/23.

Recommendations

20 PIRC to be added to the list of prescribed persons in The Public Interest Disclosure (Prescribed Persons) Order 2014.

Lead

Scottish Government

Current Position

In progress

The public consultation on legislative proposals closed on 16 August 2022. The analysis of responses has now been published and, as outlined in the current Programme for Government, the Police Complaints and Misconduct Handling Bill is expected to be introduced in 2022/23.

Recommendations

32 Ethical issues – roles of Committees.

Lead

SPA

Current Position

In progress

As reported in June, a Memorandum of Understanding has been established between the SPA Chair and Chief Constable. This approach is being further enhanced through work of the Scottish Government’s Independent Advisory Group on Emerging Technology (ETIAG).

The report and recommendations from the ETIAG are now expected to be delivered in the latter part of 2022 and will be considered as part of the SPA’s wider approach to oversight of ethical considerations.

Recommendations

69 Amendment to Letter of Rights to clarify general rights and right to complain for detainees in custody.

Lead

Scottish Government

Current Position

In progress

The revised versions of the Letter of Rights for Scotland are still on track for submission to the Minister for Community Safety for approval in late 2022.

Progress Overview for the period 1 April to 30 September 2022

Recommendations

74 Access to free legal representation for families in Article 2 cases.

Lead

Scottish Government

Current Position

In progress

The Scottish Government made a manifesto commitment to engage with the legal profession and victim support organisations on legal aid reform. Legal aid reform will be considered during this Parliament, including the availability of legal aid for relatives involved in Fatal Accident Inquiries.

Recommendations

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.

Lead

Scottish Government

Current Position

In progress

Scottish Government is giving further consideration to anticipated budgetary needs to support the administration and delivery of this recommendation.

Recommendations

PR15 PIRC to have statutory power to compel officers to attend for interview.

Lead

Scottish Government

Current Position

In progress

The public consultation on legislative proposals closed on 16 August 2022. The analysis of responses has now been published and, as outlined in the current Programme for Government, the Police Complaints and Misconduct Handling Bill is expected to be introduced in 2022/23.

Recommendations

PR30 Clarify definition of “a member of the public who may make a relevant complaint”.

Lead

Scottish Government

Current Position

In progress

The public consultation on legislative proposals closed on 16 August 2022. The analysis of responses has now been published and, as outlined in the current Programme for Government, the Police Complaints and Misconduct Handling Bill is expected to be introduced in 2022/23.

The following is a list of recommendations within this theme which have already been signed off by the Ministerial Group as completed:

Signed off by Ministerial Group as completed and reported in the 23 June 2022 Thematic Progress Report

Recommendation

77 Restricted duties or transfers during investigation to take account of family circumstances and support.

Lead: Police Scotland

Signed off by Ministerial Group as completed and reported in the 16 December 2021 Thematic Progress Report

Recommendation

3 Prevention of post incident conferral other than for pressing operational reasons.

Lead: Police Scotland

Recommendation

21 Police Scotland to review and audit whistleblowing arrangements and data.

Lead: Police Scotland

Recommendation

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.

Lead: COPFS

Signed off by Ministerial Group as completed and reported in the 24 June 2021 Thematic Progress Report

Recommendation

70 Independent Custody Visitors to check that third parties have been notified of detention.

Lead: SPA

Recommendation

73 PIRC to act speedily in investigations of deaths in custody.

Lead: PIRC

Recommendation

PR1 Police Scotland to refer all allegations of excessive force to COPFS.

Lead: COPFS & Police Scotland