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.
Investigations of complaints made by persons serving with the police
Investigations of complaints made by persons serving with the police
Section 10 of the Bill proposes to amend the provisions in the 2006 Act which specify who can make a “relevant complaint” to the PIRC. This is to make clear that police officers or members of police staff can make a complaint about an act or omission that adversely affected them in their personal capacity, as opposed to their capacity as a person serving with the police.
It excludes complaints by persons serving with the police about acts or omissions that they have witnessed (but that do not directly affect them) from the definition of a “relevant complaint”.
The amendments to the 2006 Act also make it clear that police officers or staff would be able to make complaints about acts or omissions that occurred both during or outside of their working hours.
Q: What are your views on the proposals to clearly define who can make a “relevant complaint” to the PIRC and in what circumstances?
A: The Authority supports these provisions in the Bill. The provisions clarify the circumstances in which police officers, police staff and Authority staff may make relevant complaints. In short, they may only do so where the act or omission complained about (a) occurred other than in their official capacity; and (b) was in relation to them, or adversely affected them.
