COMMITTEE CHAIRS’ REPORT

Members considered the report which provided an update on business progressed since the last Authority meeting through the:
• Police Negotiating Board Scotland
• Complaints and Conduct Committee
• People Committee
• Policing Together Oversight Group
• Resources Committee
• Policing Performance Committee

In addition to the written reports provided, the following matters were raised:
• CCFarrell commented on the proportionate response to crime pilot, noting it was part of a shift from reacting to high volume, low risk areas, towards an opportunity for problem solving to improve demand. It is not a policy of no investigation of minor crime, but an assessment as to whether there are any lines of enquiry, which is not new in policing. CCFarrell welcomed the scrutiny and support from the Policing Performance Committee and committed to reporting on evaluation and further learning, which the Chair supported.
• CCFarrell commented on new hate crime legislation, stating it was an example of how new legislation can add additional demands. CCFarrell stated that Police Scotland was familiar with enforcing new legislation and providing officers with training and guidance so they can apply law in a measured way, highlighting COVID-19 as an example. CCFarrell highlighted that Police Scotland is a rights-based organisation and officers balance the human rights of individuals with enforcement of the law daily. Police Scotland will always take hate crime seriously and investigate complaints. CCFarrell highlighted that hate crime champions are in place who can advise frontline officers on the legislation.
• Members noted that when hate crime is reported, it is an alleged crime and questioned the resource impact of this. CCFarrell responded that the initial response considers the volume and type of crime, with quality assurance around those reports so the legislation is applied proportionally and consistently.
• Members noted that the proportionate response to policing is looking to move from high volume low risk to other matters, but the position on hate crime is that all reports will be investigated. CCFarrell was questioned how these can be balanced, to which she responded that the proportionate response to crime involves an assessment of the victim to establish whether they have any vulnerabilities. If there are no vulnerabilities and there are no lines of enquiry, officers will not meet them.
• Members noted there was a difference in opinion between Scottish Government and some in the judicial sector on whether there are sufficient safeguards to allow freedom of expression. There also was a concern that investigation can become the punishment, therefore some people may not want to express an opinion for fear of a police investigation. CCFarrell was asked to comment on both matters. In relation to freedom of expression, CCFarrell stated it is one of the human rights Police Scotland uphold and it runs through policing cultural norms and legislation application. Legislation and training reinforce that people can express a view without it becoming a criminal offence. The balance of both is guarded through training, officer experience, quality assurance of application and evaluation. The Chair requested regular reporting on the application of the hate crime legislation through a formal governance Committee, with updates to the full Authority Meeting from CCFarrell.
• Members were assured there were strong divisional structures in place to manage local crime, by responding to local needs and using data to understand crime types. DCC Bex Smith (DCCSmith) provided an example, explaining an App has been introduced in Fife, where shop owners can report shoplifting and upload CCTV images to help build an intelligence picture of local issues.
• Members sought comment on whether there were mechanisms in place to routinely identify and share best practice across local areas. CCFarrell responded that a key aim of the new performance framework is the ability to identify where strong performance and good practice is, to elevate and apply nationally. Presentation of local detail allows recognition of excellent work to generate positive public impact.

The Board RESOLVED to:
• NOTE the report.
• AGREE the following action:
Updates in relation to the application of hate crime legislation to be reported through a formal governance Committee, with updates to the full Authority Meeting from Chief Constable Farrell. 20240321-BM-001