Publication - Progress report
Complaints, investigations and misconduct in policing: implementation progress report
Fifth 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.
Annex B
Recommendations requiring Legislation to Fully Implement
| Theme 1: Rights and Ethics | |
|---|---|
| Recommendations | |
| 1 | Code of Ethics should be given a basis in statute |
| 8 | Clarify definition of "person serving with the police" |
| 10 | Statutory duty of candour |
| 12 | Statutory duty of cooperation |
| 20 | PIRC to be added to the list of prescribed persons in The Public Interest Disclosure (Prescribed Persons) Order 2014 |
| 74 | Access to free legal representation for families in Article 2 cases |
| PR15 | PIRC to have statutory power to compel officers to attend for interview |
| PR30 | Clarify definition of "a member of the public who may make a relevant complaint" |
| Theme 2: Governance, Jurisdiction and Powers | |
| Recommendations | |
| 13 | Power to enable PIRC staff to access the Centurion database |
| 34 | PIRC to be re-designated as a Commission, with one Commissioner, two Deputy Commissioners and a statutory Board |
| 35 | PIRC to be accountable to Parliament for non-criminal matters |
| 37 | PIRC powers to call in an investigation of a complaint |
| 38 | PIRC powers to investigates practices or policies of Police Scotland |
| 81 | Cross jurisdictional investigatory powers |
| PR22 | PIRC power to make recommendations and corresponding duty on the Chief Constable to comply |
| Theme 6: Conduct and Standards | |
| Recommendations | |
| 22 | Gross misconduct proceedings to continue even if /after officer leaves |
| 23 | For gross misconduct cases for all ranks, PIRC to consider continuation of disciplinary proceedings for former officers beyond 12 months |
| 24 | UK wide barred and advisory lists |
| 25 | Preliminary assessment to move from SPA to PIRC |
| 27 | Composition of Gross Misconduct Hearing panels, including independent legally qualified chair |
| 28 | Police Appeals Tribunal role in appeals to continue following transfer to SCTS |
| 39 | PIRC to handle key stages of senior officer misconduct proceedings |
| 40 | PIRC to have new statutory function to present cases in senior officer gross misconduct hearings |
| 41 | PIRC power to recommend suspension of senior officer |
| 51 | Faster misconduct hearings in certain circumstances |
| 52 | Gross misconduct proceedings to be held in public |
| 53 | Chair to consider protecting vulnerable witnesses including officer who is the subject of Gross misconduct proceedings |
| 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 |
| 55 | Statutory provision for Joint misconduct proceedings, including senior officers |
| 56 | Provision for misconduct allegations against probationers to be dealt with during probation period |
| 57 | Alternatives to suspension to be added to regulations |
| 58 | Outcome of gross misconduct proceedings to be made public |
| PR13 | Scottish Government to consider the case for amending the legislation to include a provision to deal with vexatious complainers |
| PR19 | Preliminary assessment to take factors into account, such as anonymity and potential vexatious basis |
Note: The recommendations have been organised into the three themes used in the public consultation last year.
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