Complaints, investigations and misconduct in policing - recommendations: progress report - December 2022
Fourth thematic progress report following publication of the independent review of complaints, investigations and misconduct in policing in Scotland, setting out implementation progress with details of the status and lead responsibility for each recommendation.
Theme 6: Conduct and Standards
All of the recommendations that remain in progress within this theme will require, or are likely to require, either primary or secondary legislation to fully implement. As the public consultation has now closed and work to develop the new legislation continues, details of progress against recommendations under this theme will be limited in this report.
Progress Overview for the period 1 April to 30 September 2022
Recommendations
22 Gross misconduct proceedings to continue even if /after officer leaves.
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
23 For gross misconduct cases for all ranks, PIRC to consider continuation of disciplinary proceedings for former officers beyond 12 months.
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
24 UK wide barred and advisory lists.
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
25 Preliminary assessment to move from SPA to PIRC.
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
27 Composition of Gross Misconduct Hearing panels, including independent legally qualified chair.
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
28 Police Appeals Tribunal role in appeals to continue following transfer to SCTS.
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
39 PIRC to handle key stages of senior officer misconduct proceedings.
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
40 PIRC to have new statutory function to present cases in senior officer gross misconduct hearings.
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
41 PIRC power to recommend suspension of senior officer.
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
51 Faster misconduct hearings in certain circumstances.
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
52 Gross misconduct proceedings to be held in public.
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
53 Chair to consider protecting vulnerable witnesses including officer who is the subject of Gross misconduct proceedings.
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
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.
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
55 Statutory provision for Joint misconduct proceedings, including senior officers.
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
56 Provision for misconduct allegations against probationers to be dealt with during probation period.
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
57 Alternatives to suspension to be added to regulations.
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
58 Outcome of gross misconduct proceedings to be made public.
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
PR19 Preliminary assessment to take factors into account, such as anonymity and potential vexatious basis.
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 do not require legislation have already been signed off by the Ministerial Group as completed:
Signed off by Ministerial Group as completed and reported in the 16 December 2021 Thematic Progress Report
Recommendation
26 PIRC to collaborate with SPA on preliminary assessment process (until legislative change is in place).
Lead: SPA/PIRC
Recommendation
PR16 Complaints against senior officers should be prioritised and dealt with as speedily as possible.
Lead: SPA/PIRC
Recommendation
PR18 SPA to consider alternative options for senior officers other than suspension.
Lead: SPA
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