Report Summary
The Scottish Police Authority provided written evidence to the Scottish Government's Criminal Justice Committee on the Police (Ethics, Conduct and Scrutiny) Bill. This was submitted on 6 December 2024.
This should be read alongside the Authority’s responses to the pro-forma call for views on the Bill.
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The Authority's Responsibilities
The Authority’s responsibilities
As well as overseeing Police Scotland’s complaints and conduct functions, the Authority has the following responsibilities of its own.
Receiving, investigating, and responding to “relevant” complaints about the Authority, its staff, and senior officers of Police Scotland i.e. those of Assistant Chief Constable rank and above. (“Relevant” complaints are, broadly, non-criminal complaints by members of the public. They are subject to different legislative provisions and procedures from “misconduct allegations”).
Functions under the Police Service of Scotland (Senior Officers) (Conduct) Regulations 2013, including:
- the preliminary assessment of “misconduct allegations” against senior officers;
- where appropriate, referring allegations to the PIRC for investigation;
- determining, in light of any investigation, whether a senior officer has a case to answer for misconduct or gross misconduct;
- arranging misconduct hearings and establishing panels to conduct proceedings; and
- determining appeals by officers against the decisions of misconduct panels.
In her final report, Lady Angiolini recommended that the PIRC take on responsibility for the key stages of senior officer misconduct proceedings, including several of those listed above.[1] Section 8(2) of the Bill would allow that recommendation to be implemented through revised Regulations.
[1] Recommendation 39
