Policing - complaints handling, investigations and misconduct issues: independent review

Contents List

Foreword

Acknowledgements

Executive summary

1. Introduction

• Terms of Reference and purpose of the Independent Review
• Methodology
• Principles that underpin police complaints arrangements
• Public expectations of police officers and the role of a constable
• Public expectations of the complaints system

2. Background

3. Legal and ethical framework

• Codes of ethics

4. Complaints handling process, investigations and misconduct

• How do I make a complaint about the police?

5. Justice Committee Post‑Legislative Scrutiny Inquiry

6. Themes emerging in evidence

• Evidence from members of the public
• Accessibility
• Lack of independence
• Failure to investigate or to investigate independently
• Understanding the process
• The attitude of police officers
• Body-worn video cameras
• Delays
• Written records
• Views on the Police Investigations and Review Commissioner
• Apology
• Mediation
• Communications
• Whistleblowing
• Call for evidence

7. Police Scotland

• Professional Standards Department of Police Scotland
• Frontline resolution
• Triage
• Early intervention
• Independent investigation
• Grievance procedure
• Supervisory ratios and promotion
• Post‑incident conferral
• The obligation of a constable to assist the investigation of a death or serious incident
• Malicious, vexatious or frivolous complaints
• Anonymous complaints
• Definition of a "person serving with the police"
• Recommendations in relation to Police Scotland

8. Policing culture

• Culture, conduct and complaints
• Leadership and management culture

9. Complaints in the context of inclusion, diversity and discrimination

• Community relations and attitudes to the police
• Third-party reporting
• Public confidence
• Recruitment and retention of officers and staff
• Culture
• Training
• Support and change needed within Police Scotland
• Scottish Police Federation
• Racial abuse from the public
• Capturing ethnicity data
• Guidance on discrimination for investigators
• Part‑time and flexible working
• SEMPER proposal for A Fairer, More Inclusive Police Service
• Police Scotland policy - workforce diversity, inclusion & equality
• Attitudes and behaviours
• Conclusion in respect of inclusion, diversity and discrimination
• Recommendations in relation to inclusion, diversity and discrimination

10. Whistleblowing by police officers and support staff

• Evidence to the Justice Committee on whistleblowing
• Police Scotland whistleblowing guidance and arrangements
• Background information on Protect
• Evidence from the PIRC
• The Scottish Police Authority
• Whistleblowing in policing in England and Wales
• Conclusion in respect of whistleblowing
• Recommendations in relation to whistleblowing

11. Former police officers - Police Barred and Advisory Lists

• The Police Barred List
• The Police Advisory List
• The evidence
• Conclusion in respect of former police officers
• Recommendations in relation to former police officers

12. Scottish Police Authority

• SPA governance and decision‑making in relation to complaints
• Preliminary assessment of alleged misconduct
• Misconduct proceedings, Police Appeals Tribunals and independent legally qualified chairs for gross misconduct hearings
• The SPA Complaints and Conduct Committee
• Recommendations in relation to the SPA

13. Scrutiny by local authority local scrutiny committees of complaints against the police

14. Police Investigations and Review Commissioner

• Functions of the PIRC
• Accountability
• Parliamentary accountability
• Statutory powers on complaints handling
• Proposed changes to the powers of the PIRC
• Complaints against senior officers and alleged misconduct
• Suspension of senior officers in misconduct investigations
• Investigation of allegations of breaches of ECHR rights
• The power to call in from Police Scotland a complaint
• Investigation of current practices or policies of Police Scotland
• Implementation of recommendations from CHRs and audits
• Designation as a prescribed body for whistleblowing disclosure
• 'Relevant complaint' and 'member of the public'
• PIRC structure and staffing
• Composition and profile of PIRC investigation teams
• Diversity and discrimination
• Access to the Criminal History System
• Access to Centurion
• Transparency and confidentiality
• Complaint Handling Review Team and relationships in PIRC
• Location of PIRC staff
• The title of the PIRC organisation
• PIRC training
• PIRC culture
• PIRC performance
• Recommendations in relation to the PIRC

15. Transparency, confidentiality and role of the media

• Legal background - Social media posts and contempt of court
• The media and the police
• The media and the public
• Transparency and confidentiality
• Comparison of PIRC and IOPC publication policies
• Inhibition of witnesses
• Balancing freedom of expression and right to respect for privacy
• The Cliff Richard case
• Publication of information and investigations

16. Crown Office and Procurator Fiscal Service

• Role of the Lord Advocate
• Reporting of off-duty criminality to COPFS by Police Scotland
• Direct reporting of criminality to COPFS
• Recommendations in relation to COPFS

17. Interactions between the four principal organisations, relationships and culture

18. Accessibility and communication

• Allegations of criminality
• Communication and language
• Resolution letters
• Language and translation
• Official support and liaison for members of the public
• Third-party support
• Customer service principles
• Recommendations in relation to accessibility & communication

19. Evidence from other jurisdictions

• The Republic of Ireland
• Northern Ireland
• England and Wales
• Recommendations based on evidence from other jurisdictions

20. Guidance on complaints and conduct

• Governance
• Existing guidance

21. Audit

• Co-ordination of audit arrangements
• Police Scotland
• Police Investigations and Review Commissioner
• The benefits of audit
• Recommendations in relation to audit

22. Training, continuing professional development and learning culture

• Scottish Police Authority training
• Police Scotland training
• Training on diversity and unconscious bias
• Mental health training
• De-escalation training
• Complaints and conduct training
• PIRC training
• Guidance
• Strengthening the learning culture across the organisations
• Training in the Police Service of Northern Ireland
• Mediation
• Recommendations in relation to training

23. Public sector best practice

24. Custody

• Experience in custody
• Independent custody visiting
• Healthcare provision in custody
• Letter of Rights for people in police custody in Scotland
• Duty of Care
• European Committee for the Prevention of Torture
• Protecting vulnerable people
• Public Confidence of People with Mental Health Concerns
• Recommendations in relation to custody

25. Complaints arising from deaths in police custody or following police contact

• Background
• Family Support
• Delay
• Deaths in police custody or during the course of restraint
• Recommendations in relation to complaints arising from deaths

26. Officer and support staff welfare

• Call for evidence
• Prevention
• Support services provided by Police Scotland
• The Police Treatment Centres
• Evidence from sergeants focus group
• Evidence from the SPF representatives focus group
• Evidence from the SEMPER Scotland members focus group
• Evidence from the Scottish LGBTI Police Association
• Evidence from the Scottish Women's Development Forum
• Summary of evidence on welfare and support

27. Capturing best evidence and reducing complaints

• Body-worn video cameras

28. Time limits

• Time limits for the completion of investigations
• Time limits on the public submitting complaints
• Recommendations in relation to time limits

29. Cross-border jurisdictional issues

30. Legislative changes

• Changes required in primary and secondary legislation
• Police and Fire Reform (Scotland) Act 2012
• Police, Public Order and Criminal Justice (Scotland) Act 2006
• New reserved/devolved powers
• Conduct regulations
• Other regulations
• Reserved legislation

31. List of all final report recommendations

Annexes

Annex A - Preliminary report recommendations and progress updates

Annex B - Terms of Reference

Annex C - List of legislation and guidance

Annex D - Standards of Professional Behaviour

Annex E - List of written submissions to the call for evidence

Annex F - Police Scotland Code of Ethics

Annex G - Glossary