Complaints, investigations and misconduct in policing - implementation of recommendations: thematic progress report - June 2021
First thematic progress report following publication of Dame Elish Angiolini's Final Report setting out implementation progress with details of the status and lead responsibility for each recommendation.
Theme 6: Conduct and Standards
The majority of recommendations under this theme will require either primary or secondary legislation and will be subject to detailed engagement with partners, staff associations and trade unions before full public consultation. To avoid pre-empting this engagement and consultation, this report will focus on the non-legislative recommendations.
Senior officer conduct process
Following recommendations in the Preliminary report – Recommendation 18, the SPA has undertaken a review of its Complaints Handling Procedures and Guidance on Senior Officer Conduct Regulations, incorporating consultation feedback from PIRC and the Scottish Chief Police Officers Staff Association (SCPOSA).
Linked to Recommendation 26 in the Final Report, discussions are ongoing between PIRC and the SPA on the approach to preliminary assessment process during the intervening period in advance of proposed legislative changes removing this function from the SPA. Following any resulting further revisions to the Guidance on Senior Officer Conduct Regulations, they will be presented to the Complaints and Conduct Committee for approval, alongside the revised SPA Complaints Handling Procedures.
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 22
Gross misconduct proceedings to continue even if /after officer leaves
Lead: Scottish Government
Current Position: In progress
Requires legislation. Scottish Government developing proposals for full public consultation due to start autumn 2021.
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
Requires legislation. Scottish Government developing proposals for full public consultation due to start autumn 2021.
Recommendations 24
UK wide barred and advisory lists
Lead: Scottish Government
Current Position: In progress
Requires legislation. Scottish Government developing proposals for full public consultation due to start autumn 2021. Will require legislative change in other jurisdictions to allow for reciprocal arrangements.
Recommendations 25
Preliminary assessment to move from SPA to PIRC
Lead: Scottish Government
Current Position: In progress
Requires legislation. Scottish Government developing proposals for full public consultation due to start autumn 2021.
Recommendations 26
PIRC to collaborate with SPA on preliminary assessment process (until legislative change is in place)
Lead: PIRC
Current Position: In progress
Discussions are ongoing between PIRC and the SPA on the approach to preliminary assessment process during the intervening period in advance of proposed legislative changes removing this function from the SPA. A review was undertaken as a result of recommendations in the Preliminary Report and following any resulting further revisions to the Guidance on Senior Officer Conduct Regulations, they will be presented to the Complaints and Conduct Committee for approval, alongside the revised SPA Complaints Handling Procedures.
Recommendations 27
Composition of Gross Misconduct Hearing panels, including independent legally qualified chair
Lead: Scottish Government
Current Position: In progress
Requires legislation. Scottish Government developing proposals for full public consultation due to start autumn 2021.
Recommendations 28
Police Appeals Tribunal role in appeals to continue following transfer to SCTS
Lead: Scottish Government
Current Position: In progress
Requires legislation. Scottish Government developing proposals for full public consultation due to start autumn 2021.
Recommendations 39
PIRC to handle key stages of senior officer misconduct proceedings
Lead: Scottish Government
Current Position: In progress
Requires legislation. Scottish Government developing proposals for full public consultation due to start autumn 2021.
Recommendations 40
PIRC to have new statutory function to present cases in senior officer gross misconduct hearings
Lead: Scottish Government
Current Position: In progress
Requires legislation. Scottish Government developing proposals for full public consultation due to start autumn 2021.
Recommendations 41
PIRC power to recommend suspension of senior officer
Lead: Scottish Government
Current Position: In progress
Requires legislation. Scottish Government developing proposals for full public consultation due to start autumn 2021.
Recommendations 51
Faster misconduct hearings in certain circumstances
Lead: Scottish Government
Current Position: In progress
Requires legislation. Scottish Government developing proposals for full public consultation due to start autumn 2021.
Recommendations 52
Gross misconduct proceedings to be held in public
Lead: Scottish Government
Current Position: In progress
Requires legislation. Scottish Government developing proposals for full public consultation due to start autumn 2021.
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
Requires legislation. Scottish Government developing proposals for full public consultation due to start autumn 2021.
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
Requires legislation. Scottish Government developing proposals for full public consultation due to start autumn 2021.
Recommendations 55
Statutory provision for Joint misconduct proceedings, including senior officers
Lead: Scottish Government
Current Position: In progress
Requires legislation. Scottish Government developing proposals for full public consultation due to start autumn 2021.
Recommendations 56
Provision for misconduct allegations against probationers to be dealt with during probation period
Lead: Scottish Government
Current Position: In progress
Requires legislation. Scottish Government developing proposals for full public consultation due to start autumn 2021.
Recommendations 57
Alternatives to suspension to be added to regulations
Lead: Scottish Government
Current Position: In progress
Requires legislation. Scottish Government developing proposals for full public consultation due to start autumn 2021.
Recommendations 58
Outcome of gross misconduct proceedings to be made public
Lead: Scottish Government
Current Position: In progress
Requires legislation. Scottish Government developing proposals for full public consultation due to start autumn 2021.
Recommendations PR16
Complaints against senior officers should be prioritised and dealt with as speedily as possible
Lead: PIRC
Current Position: In progress
Awaiting sign off.
Revised SPA Complaints Handling Procedures developed incorporating consultation feedback from PIRC and SCPOSA. Will be submitted to SPA Committee for approval in due course.
Recommendations PR18
SPA to consider alternative options for senior officers other than suspension
Lead: SPA
Current Position: In progress
Revised SPA Guidance on Senior Officer Conduct Regulations developed incorporating consultation feedback from PIRC and SCPOSA. Further revisions may be made - links to Recommendation 26.
Recommendations PR19
Preliminary assessment to take factors into account, such as anonymity and potential vexatious basis
Lead: Scottish Government
Current Position: In progress
Requires legislation. Scottish Government developing proposals for full public consultation due to start autumn 2021. In addition, revisions are being made to the SPA Senior Officer Conduct Guidance to seek to address these points ensuring that these factors are taken into account in preliminary assessments.
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