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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 12 July 2025
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Displaying 1169 contributions

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Criminal Justice Committee

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

Meeting date: 15 May 2024

Sharon Dowey

Fifty-six days is quite a long time. When you get the initial report, would you not expect to get a statement from the person that has been accused of the crime so that you can get their version of events?

Criminal Justice Committee

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

Meeting date: 15 May 2024

Sharon Dowey

Should access to the list be limited?

Criminal Justice Committee

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

Meeting date: 15 May 2024

Sharon Dowey

My question follows on from the questions that you have already been asked. I am interested in timescales. You said that there is sometimes, when an allegation about police officers comes to you, already evidence that the allegation might be malicious, so they are put to you straight away. What is the timescale for, for example, getting evidence on a complaint from somebody who has been arrested and said that excessive force has been used? Such complaints come straight to you, but what is the timescale for getting evidence?

Criminal Justice Committee

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

Meeting date: 15 May 2024

Sharon Dowey

Right. I know that we have to hold the police to a higher standard, but do you think that the police being obliged to report to your department once a complaint of criminality is made, regardless of whether there is sufficient evidence, is an effective system?

Criminal Justice Committee

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

Meeting date: 15 May 2024

Sharon Dowey

Does that mean that the person who I spoke about who was not told why he was being put on restricted duties should really have been told why at the time and a statement should have been taken?

Criminal Justice Committee

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

Meeting date: 15 May 2024

Sharon Dowey

On sections 4 to 8 of the bill, which cover aspects of police conduct, the bill allows for the functions that will be conferred on the PIRC to be amended. That is an enabling power only, and details of the functions are not provided in the bill. The bill provides a power to allow gross misconduct procedures to be applied to former police officers and to amend the misconduct procedures for senior police officers—again, further details would be provided in secondary legislation. Does it concern you that more details are not provided in the bill? Do you have any concerns about that?

Criminal Justice Committee

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

Meeting date: 15 May 2024

Sharon Dowey

Will there be a substantial increase in the resources that are required from you, or will the finances just move from one body to another?

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?