PIRC Statutory Referrals and Investigations

Under the Police, Public Order and Criminal Justice (Scotland) Act 2006 (as amended) and the Police Investigations and Review Commissioner (Investigations Procedure, Serious Incidents and Specified Weapons) Regulations 2013, Police Scotland must request that the PIRC investigate any serious incident involving a constable or member of police staff. On receipt of a referral from Police Scotland, PIRC undertake an assessment of the referral and decide whether to investigate or not. Assessments may include examining CCTV, Body Worn Video, other video, witness statements, command & control logs, telephone calls, Airwave radio transmissions, briefing papers or other material.

In addition, under the 2006 Act, the Crown Office & Procurator Fiscal Service (COPFS) may instruct the PIRC to investigate: Death in Custody; Death Following Police Contact; and Other Criminal Matters. Additionally, from October 2021, COPFS has a standing instruction that all on duty allegations of assault made against police officers and police staff are referred onwards from Police Scotland to PIRC for assessment and where appropriate investigation (see page 37 above).

Statistical data reported to the Complaints & Conduct Committee in respect of statutory referrals and investigations is limited to cases referred by Police Scotland, given that COPFS directed investigations relate to live ongoing criminal investigations. Due to differences in data measured prior to 2023-24. earlier information is not provided in accompanying tables for comparison.

The PIRC publish, where appropriate, reports on police referred investigations on its website. Reports for COPFS instructed investigations are confidential and are not published.

Referrals

In 2023-24, 823 referrals were made to PIRC for incidents concerning Police Scotland (429 of which originated from Police Scotland itself), compared to 787 in 2022-23.

Table 30 provides a breakdown of Police Scotland referrals to the PIRC during 2023-24 by type. Police Scotland report that there was an increase of 26.9% in taser discharge related referrals compared to 2022-23. Members were advised that the national uplift in officers trained in the use of taser, and high levels of assault directed towards police officers, were relevant factors underpinning this increase. Recognising the corresponding number of resulting investigations in this regard, Police Scotland advise that this provides assurance that the use of taser in response to these events has been proportionate and justified.

Investigations

Resulting PIRC investigations are categorised depending on the complexity or seriousness of the investigation, with prioritisation given to death and other high-profile investigations. Police Scotland referrals resulted in 26 PIRC investigations in 2023-24. Table 31 provides a breakdown by type and Division.

Investigations in respect of discharge of firearms involved Authorised Firearms Officers despatching XL Bully type dogs, where transfer of ownership had only recently taken place. In respect of taser discharge investigations, one involved multiple cycles of taser being discharged against a female, one involved a 17 year old male, and one involved a male over the age of 18. Investigations into use of incapacitant spray all involved persons under the age of 18.

Noting the number of referrals not subject to subsequent investigation, Members were advised that, whilst such a decision is made relatively quickly (recognising the potential impact on officers involved), all referrals are subject to scrutiny as part of the triage process applied prior to determining whether formal investigation is required.

Recommendations

Following investigation, resulting PIRC reports to Police Scotland may include findings and recommendations and are intended to assist organisational learning and development or to address any systemic issues discovered. Police Scotland do not have a legal requirement to implement any recommendations, however, in the main these are implemented. During 2023-24, 19 recommendations were issued to Police Scotland, 16 of a thematic nature (which are reported to the Committee), and 3 specific to individual investigations (which are not).

The Committee have asked to be updated on Police Scotland response to all thematic recommendations via future reports.