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Published: 24 February 2025

Police (Ethics, Conduct & Scrutiny) (Scotland) Bill Update - 27 February 2025

Keywords : PECSS Bill PIRC

Report Summary

This report provides members of the Complaints & Conduct Committee with an overview of Police (Ethics, Conduct & Scrutiny) (Scotland) Bill Update.  

To access the full document please open the PDF document above.

To view as accessible content please use the sections below. (Note that tables and some appendixes are not available as accessible content). 

Meeting

The publication discussed was referenced in the meeting below

Complaints & Conduct Committee - 27 February 2025

Date : 27 February 2025

Location : Online


Progress and Update

The PECSS Bill continues to progress through the legislative process having now completed Stage 3 within the Scottish Parliament it is now moving towards Royal Assent.

  • The Full Business Case required for the project has now been completed and is currently out for consultation with internal enablers within Police Scotland prior to being approved through Police Scotland Governance for presentation and approval at the next SPA Resources Committee, Scheduled for March 2025.

  • The initial draft of the online training package required to ensure all officers and staff within the organisation understand the Code of Ethics as it is placed into statue has been completed by the project team. This package has undergone peer review and is currently submitted to Quality Assurance within Police Scotland’s Leadership, Training and Development Department for further review and feedback as part of the process to develop the training.

  • EQHRIAs and DPIAs continue to be developed.

  • The implications of the vetting amendments brought forward at Stage 2 of the Bill continue to be considered by Professional Standards and the Police Scotland Vetting Unit with meetings planned with the Scottish Government’s implementation team in relation to development of the Vetting Code of Practice for officers and Police Staff, and the regulations that will be required to support same.

  • Upgrade of the Centurion ICT application used by Professional Standards which will enhance Police Scotland’s reporting capabilities and enable the Barred and Advisory Lists to be hosted continues to be progressed by Digital Division, the supplier FIS Harris and Professional Standards Administration Team with User Acceptance Testing due to commence. The tight project timescales for this digital upgrade continue to be on track but it is anticipated that the one-month contingency, built into that project timeline, will require to be utilised.

  • The Project Team have now commenced engagement with Policy Support and Governance Audit and Assurance within Police Scotland to scope the policies and procedures currently in place within Police Scotland, which will require to be reviewed and updated because of the new legislation.

  • The Project Team is also engaging with LTD in relation to the Oath of Office taken by all new Constables to enable the inclusion of the Duty of Candour as the additional Standard of Professional Behaviour to be included in the Oath once the legislation goes live and preparing for the consultation with stakeholders that is required in legislation for the Code of Ethics.

  • With regards to the Duty of Candour following Stage 3 debate and review of the final Bill it is confirmed that the Bill places a statutory duty of candour on individual police constables and Police Scotland as an organisation. The Bill does not place any duty of candour on members of staff. However, as public servants, staff are already expected to be candid. The individual duty of candour will only apply to those who hold the office of constable.

  • The organisational duty of candour will apply, in an indirect manner and without any prospect of direct sanction, to all those under the control of the Chief Constable, that is constables, and police staff. The Bill places an organisational duty on the Chief Constable to ensure that the police service (which includes constables and staff) polices in a way which is candid and cooperative in proceedings. Engagement with Scottish Government implementation team in relation to this matter has provided that the implementation of this duty will be a matter for the Chief Constable but it could, for example, include additional training for staff which explains and encourages candour in various operational contexts and this will be included in the online training being developed for all officers and staff.

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