Consultation launched on new police complaints legislation

The Scottish government is considering new legislation in response to an independent review into the handling of complaints against the police.

May 24, 2022
By Paul Jacques

This would include additional powers for the Police Investigations and Review Commissioner, including recommending the suspension of officers, and gross misconduct hearings being held in public.

A 12-week consultation has been launched on a new Police Complaints, Investigations and Misconduct Bill, which follows the recommendations of an independent review of police complaints handling, investigations and misconduct issues in Scotland by Dame Elish Angiolini.

A total of 111 recommendations for improvements were made, of which 34 have been implemented since her report was published in 2020.

However, the Scottish government said the others would require “legislative change”.

Justice Secretary Keith Brown said: “The vast majority of our police officers and police staff work tirelessly to protect our communities. However we have to recognise that things do, at times, go wrong.

“It is in everyone’s interests – from police officers and staff to the general public – that we have robust, clear and transparent mechanisms in place for investigating complaints or other issues of concern.

“The Scottish government and partners have already made progress on the implementation of many of Dame Elish’s recommendations, but others require legislative change.”

He added: “Through this consultation we are seeking the views of the public, key partner organisations and stakeholders on these important next steps in line with our wider commitment to ensure all public services are accountable, transparent and trusted.”

Other reforms outlined in the proposed Bill include:

  • Accelerated misconduct hearings for all ranks of officer where the evidence supports this;
  • New processes to deal with gross misconduct even after officers leave the service; and
  • The Scottish Police Authority to have liability for unlawful conduct by a chief constable.

The consultation will run until August 16.

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