Investigations into possible offences by persons serving with the police

Functions and governance of the Police Investigations and Review Commissioner

The Commissioner is appointed by Scottish Ministers and is independent of the police service. The role of the PIRC is to provide independent oversight, investigating incidents involving the police and reviewing the way the police handle complaints from the public.

Sections 9 to 17 of the Bill concern the functions and governance of the PIRC and amend the 2006 Act.

Section 9 seeks to clarify the circumstances in which the PIRC can be asked to investigate matters in which an offence may have been committed by a person serving with the police. 

It makes clear that the investigatory powers of the PIRC into criminal conduct could continue and occur when the person concerned:

• has left the police service,
• did not become an officer until after the conduct took place, or
• was not on duty at the time of the relevant incident. 

Section 9 also makes it clear that the PIRC could be directed to investigate deaths involving off-duty police officers. It amends the 2006 Act to provide expressly that it does not matter whether the circumstances of the death occurred in the course of duty.

Q: What are your views on the proposals to clarify the PIRC’s investigatory powers in relation to criminal conduct and incidents involving deaths of serving police officers, as set out in section 9?

A: The Authority fully supports the underlying intention of these provisions. However, the amendment made by section 9(b) to section 33A(b)(ii) of the Police, Public Order and Criminal Justice (Scotland) Act 2006 could perhaps be clearer. 

As amended, section 33A(b)(ii) provides that the PIRC may investigate a death involving a person serving with the police, which the procurator fiscal is “required” to investigate under section 1 of the Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act  2016.  The PIRC may do so whether or not the circumstances occurred in the course of the person’s duty, employment or appointment.  However, sections 1 and 2(3) of the 2016 Act require the procurator fiscal to investigate only those accidents occurring while the person was acting in the course of their employment or occupation.  The reference to “required” in amended section 33A(b)(ii) is therefore potentially confusing.