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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 21 June 2025
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Displaying 1239 contributions

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Criminal Justice Committee

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

Meeting date: 16 May 2024

Pauline McNeill

We heard from the PIRC yesterday that it has a target of up to 90 days, and it seems to be meeting that.

Criminal Justice Committee

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

Meeting date: 15 May 2024

Pauline McNeill

Thank you. Can you clarify something that you said to Sharon Dowey? This matter came up in previous evidence. In a particular case that the committee looked at, the police officer was, I think, suspended or put on restricted duties, and he was not allowed to know what the allegations against him were. The suggestion in that evidence session was that there might be legal reasons for that. What is the position on that?

Criminal Justice Committee

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

Meeting date: 15 May 2024

Pauline McNeill

And, if you think there is a reasonable inference of criminality, that is where the PIRC—

Criminal Justice Committee

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

Meeting date: 15 May 2024

Pauline McNeill

So, in all other cases, there is a certain standard of sufficiency that is applied, but, when it comes to police officers, you have to do something completely different. Is that not quite an odd approach for a prosecutor to deal with?

Criminal Justice Committee

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

Meeting date: 15 May 2024

Pauline McNeill

I am trying to get my head around all the different categories of complaints and criminality that police officers might be accused of. You might have alluded to that earlier in response to one of my colleagues. I suppose that a typical example of a complaint might be when a member of the public says that excessive force was used in the middle of an arrest and that, in effect, they have been assaulted. Given that low test, is there not quite a fine line in those cases?

Criminal Justice Committee

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

Meeting date: 15 May 2024

Pauline McNeill

That is helpful.

I am interested in a specific area in relation to public complaints against the police, which was mentioned in a previous evidence session. The issue concerns instances of poor investigatory processes within a police investigation—as were evident in the Emma Caldwell case, for example, where, 20 years later, we can see that the police followed lines of inquiry that do not seem to stand up. In such instances, are there processes currently, or are processes proposed in the bill, that will allow a family to complain about the quality of an investigation?

Criminal Justice Committee

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

Meeting date: 15 May 2024

Pauline McNeill

I can see how tricky that might be. Do you think that there might be other checks and balances in the system now that would prevent an investigation from going down completely the wrong path for so long?

11:00  

Criminal Justice Committee

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

Meeting date: 15 May 2024

Pauline McNeill

Does a member of the public report that to the PIRC first? Is that how it works?

Criminal Justice Committee

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

Meeting date: 15 May 2024

Pauline McNeill

How can that still be a misconduct issue? Perhaps you cannot answer that. I am struggling to understand why Police Scotland still pursues the officer for misconduct on something that a court has dealt with. I can understand if there were other separate issues involved, because those would then have to be dealt with. However, if it is a simple case of an assault, surely the matter is dealt with at court—I am talking about cases in which the officer is found not guilty.

Criminal Justice Committee

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

Meeting date: 15 May 2024

Pauline McNeill

I agree. It seems unfair that an officer could reach their natural retirement date, rather than taking early retirement, and that, a year later, an allegation that they were not aware of could come along. Do you agree that there has to be quite a high test?