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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 30 April 2025
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Displaying 1741 contributions

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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.

Criminal Justice Committee

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

Meeting date: 15 May 2024

Pauline McNeill

As a layperson, I just wonder why we need both the PIRC and the Crown Office; I do not fully understand that. When I asked the PIRC, she said to me that they prepare quite thorough reports for the Crown Office in investigations. Could not the Crown Office do it all, if you are doing it anyway? Is there not a duplication?

Criminal Justice Committee

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

Meeting date: 15 May 2024

Pauline McNeill

Perhaps it is more of a whistleblowing issue. I am just interested in the issue because, when we are thinking about a big piece of legislation, we want to make sure that the actual problems are captured by it. The issue does not arise often but, in the Emma Caldwell case, we can see that a series of internal decisions were made, compounding one after the other, over a long period, and the lines of investigation were not questioned by anyone until 20 years on. I realise that those cases are rare, and I would like to think that there are now more checks and balances in the system.