Police Scotland Conduct Performance

The Police Service of Scotland (Conduct) Regulations 2014 is the primary legislation through which allegations of misconduct by serving police officers up to the rank of Chief Superintendent are considered. These regulations are underpinned by Scottish Government guidance and supported by Staff Associations, Scottish Government and Police Scotland.

The misconduct procedures aim to provide a fair, open and proportionate method of dealing with alleged misconduct while recognising that police officers have a special status as holders of the Office of Constable.

The procedures are intended to encourage a culture of learning and development for individuals and the organisation. Disciplinary action has a part, when circumstances require this, but improvement will always be an integral dimension of any outcome.

Suspensions & Duty Restrictions

Table 26 provides trend information in respect of the number of officers suspended or subject to duty restrictions.

Suspension of a serving police officer may occur, in line with regulations, where there is an allegation from which it can reasonably be inferred that the alleged conduct of an officer may constitute a criminal offence, or amount to misconduct or gross misconduct. Suspension will be invoked where either: an effective criminal or misconduct investigation may be prejudiced if the officer is not suspended; or, having regard to the nature of the allegation and any other relevant considerations, it is required in the public interest.

The decision to impose Duty Restrictions is not a regulated process, but is a management tool for use where it is considered, based on risk, that some form of restriction is required, but the circumstances do not merit suspension. A risk assessment is conducted, which considers the circumstances in terms of risk to the public, the officer and the organisation. Duty Restrictions are not a punitive measure, but rather a protective measure to mitigate potential risk, while still utilising the officer in a meaningful role.

Whilst 2023-24 saw a slight reduction in the number of officers suspended compared to 2022-23, this still represented a 102% increase against the earlier 5-year average, numbers having steadily risen year on year over this period. The number of officers with duty restrictions fell by 19% compared to 2022-23, and by 17% against the 5-year average.

Conduct Assessments

Where an allegation of misconduct is made about a police officer, an assessment must be undertaken to establish whether the alleged conduct, if proven, would amount to misconduct, gross misconduct or neither. Following an assessment of potential misconduct, a determination is made on whether the matter should be investigated, or whether improvement action is an appropriate and proportionate response. An assessment of potential gross misconduct will always result in investigation. A number of options exist where it is assessed as neither misconduct or gross misconduct (i.e. take no further action, take improvement action, refer the matter to be dealt with under the Performance Regulations, or other disposals, for example where it may be more appropriate to deal with the matter via the grievance procedure).

Table 27 provides trend information in respect of the number of officer conduct assessments and resulting assessment outcomes. During 2023-24, 471 preliminary assessments were carried out, an increase of 18.3% compared to 2022-23 and 27.3% compared to the earlier 5-year average. Police Scotland advise that this is predominantly linked to Edinburgh and, to a lesser degree, Highlands & Islands, supplemented by lower volume increases across 11 other Divisions.

4% of cases were assessed as potential misconduct, 12.5% as potential gross misconduct, and 22.1% as neither misconduct nor gross misconduct. Over the earlier 5-year period, the proportion of misconduct investigations resulting from preliminary assessments ranges from 5-10%. In respect of gross misconduct investigations, this ranges from 10-14%.

Of the 308 cases assessed as potential misconduct, only 4.2% proceeded to formal investigation under the Regulations.

The number of cases progressed to investigation for misconduct in 2023-24 reduced by 54% compared to 2022-23 and by 47% against the earlier 5-year average. The number progressed to investigation for gross misconduct, in contrast, increased by 13% against 2022-23 and by 30% against the 5-year average.

Over the reporting period (with the exception of 2020-21 when numbers were broadly comparable), considerably fewer misconduct investigations are progressed, compared to gross misconduct investigations. In 2023-24, they represented only 18% of all investigations.

Misconduct Meeting/Hearing Disposals

The conduct assessment process will also determine whether, if the matter was referred to misconduct proceedings, those proceedings would be likely to be a misconduct meeting (for cases of misconduct) or a misconduct hearing (for cases of gross misconduct or if the police officer concerned has a live final written warning at the time of the assessment and there is a further allegation of misconduct).

Table 28 provides trend information in respect of misconduct meeting disposals. Where, following the meeting, no misconduct is established, outcomes are to take no further action, take improvement action, or to refer the matters to be dealt with under the Performance Regulations. Where misconduct is established, outcomes range from improvement action through to a final written warning. During 2023-24, 10 misconduct meetings took place (compared to 11 in 2022-23), resulting in 14 formal warnings being issued.

Table 29 provides trend information in respect misconduct hearing disposals. It additionally records the number of officers who have retired or resigned prior to a hearing taking place. Where neither misconduct nor gross misconduct is established, available outcomes are as described above. Where misconduct is established, available outcomes are as described above, with the additional facility to extend an existing final written warning. Where gross misconduct is established, additional outcomes of demotion in rank and dismissal with or without notice are available. During 2023-24, 18 misconduct hearings took place (compared to 12 in 2022-23), resulting in 22 formal warnings being issued, 1 demotion in rank and 6 dismissals. A further 14 officers resigned or retired prior to a hearing taking place (compared to 15 in 2022-23).

It should be noted that each meeting or hearing may involve multiple subject officers and multiple allegations, with a disposal attached to each allegation.

Misconduct Proceeding Timescales

In 2023-24, Police Scotland introduced reporting on misconduct timescales. For misconduct cases which concluded during 2023-24, the average time for investigation of cases was 127 days, with total average time for proceedings being 263 days.

For misconduct proceedings still ongoing at the end of 2023-24, Police Scotland reported that, of 53 cases, initial conduct assessments for 3 of these predated the start of the financial year.