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Chamber and committees

Official Report: search what was said in Parliament

The Official Report is a written record of public meetings of the Parliament and committees.  

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Dates of parliamentary sessions
  1. Session 1: 12 May 1999 to 31 March 2003
  2. Session 2: 7 May 2003 to 2 April 2007
  3. Session 3: 9 May 2007 to 22 March 2011
  4. Session 4: 11 May 2011 to 23 March 2016
  5. Session 5: 12 May 2016 to 5 May 2021
  6. Current session: 12 May 2021 to 4 May 2025
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Displaying 1114 contributions

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Criminal Justice Committee

Police (Ethics, Conduct and Scrutiny) (Scotland) Bill: Stage 1

Meeting date: 15 May 2024

Sharon Dowey

That is fine. Why would it go to another police force?

Criminal Justice Committee

Police (Ethics, Conduct and Scrutiny) (Scotland) Bill: Stage 1

Meeting date: 15 May 2024

Sharon Dowey

One of the biggest complaints that we have heard is about the time it takes to do many of those things. HM chief inspector of constabulary said that it

“takes far too long for the Criminal Justice organisations to investigate criminal complaints”

and that

“There is a general lack of pace applied to the investigation.”

He also said that there was a

“Lack of communication between the three parties involved (Police Scotland, PIRC and COPFS)”.

Do you think that the bill will reduce those timescales?

Criminal Justice Committee

Police (Ethics, Conduct and Scrutiny) (Scotland) Bill: Stage 1

Meeting date: 15 May 2024

Sharon Dowey

So you have not come across anything like that when you have done investigations.

In an earlier session, we heard evidence that Police Scotland’s professional standards department should not carry out preliminary assessments of complaints against officers, because it is not independent. Would the PIRC, if it was given sufficient resources, be in a better place to carry out those assessments to avoid any perceived or actual bias?

10:30  

Criminal Justice Committee

Police (Ethics, Conduct and Scrutiny) (Scotland) Bill: Stage 1

Meeting date: 15 May 2024

Sharon Dowey

A previous witness told the committee that Police Scotland took one year to investigate a complaint and that the PIRC then took the best part of a year to review it. Is there a target that the PIRC aims to meet when reviewing complaints made against officers from members of the public?

Criminal Justice Committee

Police (Ethics, Conduct and Scrutiny) (Scotland) Bill: Stage 1

Meeting date: 15 May 2024

Sharon Dowey

Ms Macleod has just answered one of my questions. I was going to ask whether having body-worn camera footage would make a big difference to investigations.

I have two further questions, though. First, in your submission you say that

“there needs to be a lawful gateway for information sharing”,

which you mentioned in the context of the proposal to establish the police barred and advisory lists. Will you expand on the point?

My second question is for Phillip Chapman. Police Scotland has an obligation to notify COPFS of allegations against police officers where

“it can be reasonably inferred that a criminal offence has been committed by a police officer.”

That differs from the test for allegations against members of the public, where there must also be a sufficiency of evidence. Last week, we heard from the Scottish Police Federation that investigations about police officers start high up, rather than at the lowest level. Will you explain what “reasonably inferred” means?

Criminal Justice Committee

Police (Ethics, Conduct and Scrutiny) (Scotland) Bill: Stage 1

Meeting date: 15 May 2024

Sharon Dowey

Is it right that less than 10 per of complaints are prosecuted?

Criminal Justice Committee

Police (Ethics, Conduct and Scrutiny) (Scotland) Bill: Stage 1

Meeting date: 15 May 2024

Sharon Dowey

He was not informed why he was put on restricted duties. Is that normal, and is it acceptable?

Criminal Justice Committee

Police (Ethics, Conduct and Scrutiny) (Scotland) Bill: Stage 1

Meeting date: 15 May 2024

Sharon Dowey

One of the committee’s witnesses said that he was put on restricted duties and told that he was a danger to the public, and the case ended up going all the way through to prosecution. There were 900 days between the day it started and the day it finished.

Criminal Justice Committee

Police (Ethics, Conduct and Scrutiny) (Scotland) Bill: Stage 1

Meeting date: 15 May 2024

Sharon Dowey

It sounded in the earlier evidence as if there had been better communication, so thank you.

Criminal Justice Committee

Police (Ethics, Conduct and Scrutiny) (Scotland) Bill: Stage 1

Meeting date: 15 May 2024

Sharon Dowey

Good morning. From your comments so far and the evidence, it seems that communication with the police has improved a wee bit. Sections 9 to 16 of the bill relate to functions of the PIRC. The Scottish Parliament information centre briefing says that those sections

“provide the PIRC with additional powers, including extra functions in the complaint handling review process; being able to call in complaints, review practices and policies”

of Police Scotland and the SPA.

Last week, we heard evidence from the Scottish Police Federation. David Kennedy said:

“My point is that the current regulations are not used as they should be. That is why we say that the bill is not needed if they are used properly. When the misconduct regulations were released, we also had the performance regulations. They have never been used.”—[Official Report, Criminal Justice Committee, 8 May 2024; c 31.]

Are you finding that in your communication with Police Scotland when you do your investigations? Are there regulations or policies and procedures that are not being used? Have you come across that?