Complaints, investigations and misconduct in policing - implementation of recommendations: thematic progress report – June 2022
Third 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 2: Jurisdiction and Powers
In this theme, the majority of recommendations will require, or are likely to require, either primary or secondary legislation to fully implement. The Scottish Government is currently consulting on legislative proposals relating to jurisdiction and powers with a view to delivering new laws that improve transparency and further strengthen public confidence in policing. We will continue to engage with stakeholders throughout the consultation period and when developing any proposals to implement these recommendations.
Wider powers for the PIRC
As recommendation 13 is likely to require legislation to address data protection matters, it has been included within the public consultation. In the meantime, PIRC and Police Scotland continue to explore Centurion’s capabilities and possible non-legislative options, including upgrading or replacing it, prior to any potential legislative changes being made.
Cross-border jurisdiction
As reported previously, recommendation 81 requires legislation to implement it and has, therefore, been included within the public consultation.
However, as highlighted in the last thematic progress report, in advance of legislation, a draft memorandum of understanding (MoU) was developed by the cross-agency group on jurisdictional matters. The MoU has now been signed by all strategic partners (PIRC, Police Scotland and COPFS) and will remain in place until a legislative solution has been implemented.
Further updates
Details on progress against other recommendations under this theme are set out in the table below:
Theme 2: Jurisdiction and Powers - Progress Overview for the period 1 October 2021 to 31 March 2022
Recommendations
8
Clarify definition of “person serving with the police”
Lead
Scottish Government
Current Position
In progress
Current Position
The public consultation has now launched and the responses will help to shape the preparation of a draft Bill. We will continue to engage with stakeholders throughout the consultation period. A further update on this will be provided in the next Thematic Progress Report.
Recommendations
13
Power to enable PIRC staff to access the Centurion database
Lead
Scottish Government
Current Position
In progress
Current Position
As this is likely to require legislation to address data protection matters, it has been included within the public consultation. In the interim, PIRC and Police Scotland continue to explore Centurion’s capabilities and possible non-legislative options prior to any potential legislative changes being made.
Recommendations
37
PIRC powers to call in an investigation of a complaint
Lead
Scottish Government
Current Position
In progress
Current Position
The public consultation has now launched and the responses will help to shape the preparation of a draft Bill. We will continue to engage with stakeholders throughout the consultation period. A further update on this will be provided in the next Thematic Progress Report.
Recommendations
38
PIRC powers to investigates practices or policies of Police Scotland
Lead
Scottish Government
Current Position
In progress
Current Position
The public consultation has now launched and the responses will help to shape the preparation of a draft Bill. We will continue to engage with stakeholders throughout the consultation period. A further update on this will be provided in the next Thematic Progress Report.
Recommendations
43
Hold in mind a possible PONI model
Lead
Scottish Government
Current Position
Keep under review
Current Position
Engagement with operational partners is required to determine when a periodic review by Scottish Ministers would be appropriate. Decisions are unlikely to be taken until after legislative changes have been progressed.
Recommendations
81
Cross jurisdictional investigatory powers
Lead
Scottish Government
Current Position
In progress
Current Position
This recommendation is included as part of the public consultation and the responses will help to shape the preparation of a draft Bill. In advance of legislation, a cross-border MoU has been signed by operational partners setting 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.
Recommendations
PR22
PIRC power to make recommendations and corresponding duty on the Chief Constable to comply
Lead
Scottish Government
Current Position
In progress
Current Position
The public consultation has now launched and the responses will help to shape the preparation of a draft Bill. We will continue to engage with stakeholders throughout the consultation period. A further update on this will be provided in the next Thematic Progress Report.
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