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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: 15 May 2024

Pauline McNeill

What is the difference, really? What is the PIRC doing? I understand that point, but, when there is an allegation, are you saying that the PIRC will ask to see all the people concerned, take statements from them and draw up a report?

12:15  

Criminal Justice Committee

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

Meeting date: 15 May 2024

Pauline McNeill

Right. I also want to ask you about the timescales for these circumstances. The PIRC then investigates the criminal case, and that can take up to three months.

Criminal Justice Committee

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

Meeting date: 15 May 2024

Pauline McNeill

Right.

Criminal Justice Committee

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

Meeting date: 15 May 2024

Pauline McNeill

Good morning. I want to begin by asking you about the lower standard that you mentioned—I think that this is the first time that I have heard about that. Is that contained in law or guidance? Where does that come from?

Criminal Justice Committee

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

Meeting date: 15 May 2024

Pauline McNeill

I expect that we will hear from the next panel about what happens after the 90 days. I note that you say in your submission that a distinction should be drawn between

“allegations made while an officer still holds the office of constable”

and

“allegations made subsequent to the officer holding the office of constable”—

in other words, where the allegation comes once they are no longer with the police. Does that mean that you think that there should be some adjustment to the bill?

Criminal Justice Committee

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

Meeting date: 15 May 2024

Pauline McNeill

It is good to know that you are meeting the 90-day target. Is it fair to say that the PIRC does a lot of the work in preparing reports for the Crown?

Criminal Justice Committee

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

Meeting date: 15 May 2024

Pauline McNeill

In the case of an accusation of assault—I thought that a typical accusation might be, “When you handcuffed me, you actually assaulted me” or something like that—why would it take six months for the Crown to duly decide on sufficiency of evidence in what is quite a simple case?

Criminal Justice Committee

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

Meeting date: 15 May 2024

Pauline McNeill

That makes sense. Thank you very much.

Criminal Justice Committee

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

Meeting date: 15 May 2024

Pauline McNeill

Right, I see. In the first instance, it will come to you, having been reported to the police—

Criminal Justice Committee

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

Meeting date: 15 May 2024

Pauline McNeill

We have the figures that show that you are doing better than was previously the case, but my colleagues have mentioned some long cases. It is still quite a long time, is it not? It is nine months before a case can even get to court.