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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

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?

Criminal Justice Committee

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

Meeting date: 8 May 2024

Sharon Dowey

Good. Convener, can I—

Criminal Justice Committee

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

Meeting date: 8 May 2024

Sharon Dowey

David Kennedy mentioned the case of Rhona Malone. We heard from a witness who was put on restricted duties and told that he was a danger to the public but was not informed why. He went all the way through a criminal case and was acquitted, by which point he had already taken early retirement.

Why do you do the criminal case first and not do a misconduct or an internal disciplinary investigation? It probably goes back to your procedures but, if that had been done at the time for him, it would have been found that there was no evidence, it would have been dealt with internally and court time would have been saved.

Criminal Justice Committee

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

Meeting date: 8 May 2024

Sharon Dowey

The evidence so far has been very good, and a lot of my questions have been answered already.

Kate Wallace, on the proposed period of 12 months, you said that some victims do not become aware of things until further down the line. We have heard that, with cases being backdated in England and Wales, the time that it takes to investigate former officers has an impact on the investigation of current officers. You said to Russell Findlay that you would send details of previous cases. Perhaps you could also send us details of the impact on victims further down the line, because it would be good to get more evidence on why we need to investigate former officers, especially if that would go beyond the 12 months. I appreciate what you said about including on-going investigations. Current police officers go through a criminal procedure before there is an internal investigation, and I would expect that to continue. Could you send us more information on that?

In addition, what would justice for victims look like in relation to investigating former officers?

10:45  

Criminal Justice Committee

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

Meeting date: 8 May 2024

Sharon Dowey

Dr Lennon, you think that the code of ethics should be put into disciplinary procedures.

Criminal Justice Committee

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

Meeting date: 8 May 2024

Sharon Dowey

Thank you.

Criminal Justice Committee

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

Meeting date: 8 May 2024

Sharon Dowey

You talked about trust, openness and transparency. Why would somebody not be told straight away why they have been put on restricted duties?

Criminal Justice Committee

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

Meeting date: 8 May 2024

Sharon Dowey

Will the introduction of body-worn cameras take away a lot of the complaints, because you will have the video evidence?