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 6: Conduct and Standards
Legislation, either primary or secondary, will be required to implement all of the recommendations still in progress under this theme.
The Scottish Government is currently consulting on legislative proposals relating to conduct and standards with a view to delivering new laws that improve transparency and further strengthen public confidence in policing. As the public consultation has now launched and the responses will help to shape the preparation of a Police Complaints Bill, individual commentary on each recommendation has not been included within this report to avoid pre-empting this on-going engagement and consultation. We will continue to engage with stakeholders throughout the consultation period and when developing any proposals to implement recommendations.
Progress Overview for the period 1 October 2021 to 31 March 2022
Recommendations
22
Gross misconduct proceedings to continue even if /after officer leaves
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
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
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
24
UK wide barred and advisory lists
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
25
Preliminary assessment to move from SPA to PIRC
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
27
Composition of Gross Misconduct Hearing panels, including independent legally qualified chair
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
28
Police Appeals Tribunal role in appeals to continue following transfer to SCTS
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
39
PIRC to handle key stages of senior officer misconduct proceedings.
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
40
PIRC to have new statutory function to present cases in senior officer gross misconduct hearings
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
41
PIRC power to recommend suspension of senior officer
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
51
Faster misconduct hearings in certain circumstances
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
52
Gross misconduct proceedings to be held in public
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
53
Chair to consider protecting vulnerable witnesses including officer who is the subject of Gross misconduct proceedings
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
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
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
55
Statutory provision for Joint misconduct proceedings, including senior officers
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
56
Provision for misconduct allegations against probationers to be dealt with during probation period
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
57
Alternatives to suspension to be added to regulations
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
58
Outcome of gross misconduct proceedings to be made public
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
PR19
Preliminary assessment to take factors into account, such as anonymity and potential vexatious basis
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.
The following is a list of recommendations within this theme which have already been signed off by the Ministerial Group as completed in 2021:
Signed off by Ministerial Group as completed and reported in the 16 December 2021 Thematic Progress Report
Recommendations
26
PIRC to collaborate with SPA on preliminary assessment process (until legislative change is in place)
Lead
SPA/PIRC
Recommendations
PR16
Complaints against senior officers should be prioritised and dealt with as speedily as possible
Lead
SPA/PIRC
Recommendations
PR18
SPA to consider alternative options for senior officers other than suspension
Lead
SPA
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