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.
Procedures for misconduct: former constables
Procedures for misconduct: former constables
Section 6 of the Bill contains provisions that would enable disciplinary procedures for misconduct to continue to be applied should an officer retire or resign.
The procedures would apply where a preliminary assessment, carried out by the PIRC, found that the conduct of the person while a constable would, if proved, have amounted to gross misconduct.
A power would also be given to state a period of time from the date of resignation after which no steps, or only certain steps in the misconduct procedures, could be applied unless additional criteria were met.
The Scottish Government intends that regulations will set this period at 12 months and that the criteria will include a proportionality test carried out by the PIRC, having regard to a number of factors, including to the seriousness of the allegation, the impact of the allegation on public confidence in the police and the public interest. A period of 12 months is based on Lady Elish Angiolini’s recommendation which drew on the system in place in England and Wales.
Q: What are your views on the proposals to continue disciplinary procedures for gross misconduct, should an officer retire or resign?
A: The Authority supports these provisions in principle. The Bill simply provides an enabling power to Ministers to make regulations on this issue. While the detail of any new arrangements will be set out in regulations, the Authority would expect the continuation or commencement of gross misconduct proceedings in such circumstances to be discretionary, rather than mandatory in every case.
Any decision to continue or commence proceedings after an officer’s retirement or resignation should be subject to a public interest test, taking into account e.g. the nature of the alleged misconduct, and the need to maintain public confidence in policing.
Q: Do you have any views on the proposed time period after which no steps, or only certain steps in the misconduct procedures would be applied unless additional criteria were met?
A: A period of 12 months would seem appropriate; however, it is possible that something can be learned from the experiences in England and Wales where that timescale has been a feature of arrangements for some years.
