Complaints, investigations and misconduct in policing - implementation of recommendations: thematic progress report - June 2021

Theme 2: Jurisdiction and Powers

Definition of "person serving with the police"

As set out in the joint response, the Scottish Government accepts the need to clarify the definition of "person serving with the police" in legislation, which Dame Elish highlighted in both her Preliminary Report (PR recommendation 29) and Final Report (recommendation 8). The public consultation will explore options for clarifying the definition, not only as it relates to retired officers but also any related matters such as on or off duty officers, and officers operating in different jurisdictions. Proposals will also be explored with the UK Government to address the definition as it occurs in reserved legislation.

Cross-border jurisdiction

To progress implementation of recommendation 81, the public consultation will also feature legislative proposals to provide powers to the PIRC to investigate incidents involving officers from other territorial forces operating in Scotland. In parallel with this, the Scottish Government will work with the UK Government and Northern Ireland Executive to develop options for making reciprocal provisions in other jurisdictions. In advance of legislative amendments, work on a draft proposed memorandum of understanding (MOU) led by the cross‑agency group on jurisdictional matters is nearing completion. Once signed off, the MoU will set out key principles and arrangements for the investigation of incidents involving police officers operating outwith their home country on mutual aid or cross-border operations.

Wider powers for the PIRC

Proposals put forward by Dame Elish to enhance the current powers of PIRC will require legislation and thus will feature in the public consultation later in the year. This will include recommendation 37, to enable PIRC to call in a complaint being investigated by Police Scotland and recommendation 38, to give the Commissioner powers to investigate Police Scotland's practices and/or policies. The consultation will cover PIRC's existing powers and the options for strengthening as proposed by the Review.

In advance of the consultation and legislation, discussion is underway between PIRC and Police Scotland to explore how it might be possible to give PIRC access to aspects of Police Scotland's Centurion system, in line with recommendation 13 but with recognition that legislation may be required to address data protection issues.

Further updates

Details on progress against other recommendations under this theme are set out in the table below:

Progress Overview for the period up to end April 2021

Recommendations 8

Clarify definition of "person serving with the police"

Lead: Scottish Government

Current Position: In progress

Requires legislation. Scottish Government developing proposals for full public consultation due to start autumn 2021.

Recommendations 13

Power to enable PIRC staff to access the Centurion database

Lead: Scottish Government

Current Position: In progress

Likely to require legislation to address data protection. PIRC and Police Scotland are exploring how this can be achieved through agreement prior to any legislative changes.

Recommendations 37

PIRC powers to call in an investigation of a complaint

Lead: Scottish Government

Current Position: In progress

Requires legislation. Scottish Government developing proposals for full public consultation due to start autumn 2021.

Recommendations 38

PIRC powers to investigates practices or policies of Police Scotland

Lead: Scottish Government

Current Position: In progress

Requires legislation. Scottish Government developing proposals for full public consultation due to start autumn 2021.

Recommendations 43

Hold in mind a possible PONI model

Lead: Scottish Government

Current Position: Keep under review

Engaging with partners to determine appropriate periodic review by Scottish Ministers.

Recommendations 81

Cross jurisdictional investigatory powers

Lead: Scottish Government

Current Position: In progress

Requires legislation and ongoing engagement with partners across UK, with public consultation due to start autumn 2021. Prior to legislation, all parties have agreed to sign a memorandum of understanding agreement (non-legally binding) to engage, communicate and cooperate should the circumstances planned for occur, ie non-Scottish police force officers involved in an incident in Scotland (and vice versa) that results in the death or serious injury of a member of the public.

Recommendations PR22

PIRC power to make recommendations and corresponding duty on the Chief Constable to comply

Lead: Scottish Government

Current Position: In progress

Requires legislation. Scottish Government developing proposals for full public consultation due to start autumn 2021.