Report Summary
The Scottish Police Authority responded to a Scottish Government consultation on the Police (Ethics, Conduct and Scrutiny) Bill. This was submitted on 6 December 2024.
This should be read alongside the Authority’s additional written submission on the Bill.
This PDF document above captures the Authority's submission to a Government consultation which was conducted via an online survey.
To view as accessible content please use the sections below.
Call-in of relevant complaints
Call-in of relevant complaints
The PIRC can currently review the way in which Police Scotland (or the SPA) have handled non-criminal complaints made about them by members of the public through a complaint handling review. In practice, a complaint handling review will only be undertaken once the complaint has been dealt with through the complaints handling process of the policing body, and a final response has been issued from them to the complainer.
Section 12 of the Bill would provide the PIRC with the power to take over consideration of complaints that are being dealt with by the Chief Constable or the SPA under the following circumstances:
- where the PIRC determines, following a complaint handling review that the complaint is to be considered by the PIRC,
- when requested to do so by the authority to which the complaint was made, or
- of the PIRC’s own volition or on the request of the complainer, and following consultation with the authority which dealt with the complaint initially, if the PIRC has reasonable grounds to believe that the appropriate authority is not handling, or has not handled, the complaint properly and it is in the public interest for the PIRC to consider the complaint.
The PIRC would be able to call-in a complaint at any stage in the complaints handling review, or reconsideration.
The Bill would also give the PIRC the ability to review the complaint handling following a request from the complainer before deciding whether to call it in.
Q: What are your views on the proposal to give the PIRC a statutory power to take over investigation of complaints being dealt with by the Chief Constable or the SPA under the circumstances set out in section 12?
A: The Authority supports these provisions in the Bill. However, the Bill should clarify whether or not a complainer who is dissatisfied with the PIRC’s handling of a “called-in” complaint has any further recourse by way of an appeal, review etc.
