HMICS Assurance review of Conduct and Discipline

1. Public interest in police conduct is high, influenced in large part by recent high-profile cases of serious misconduct in UK policing. Independent reviews have subsequently exposed weaknesses in conduct processes and raised concerns about organisational culture. Given the authority entrusted to officers and staff, there is a legitimate expectation that policing maintains the highest standards of professional behaviour, so when individuals fall short of these standards it can undermine public confidence ‑ not only in those involved, but in the wider police service.

2. Good conduct and effective discipline processes are essential for maintaining trust and confidence in policing. Clear expectations, combined with fair and transparent procedures for addressing misconduct, demonstrate an organisation’s commitment to accountability and integrity. When inappropriate behaviour is identified, investigated and addressed effectively, it reinforces public assurance that police powers are being exercised lawfully and ethically.

3. The vast majority of officers and staff perform their duties professionally and conduct themselves appropriately both on and off duty. Every day in Scotland, officers and staff face unpredictable and often dangerous situations that test their judgement and patience. Most of them do so with dedication and humility, motivated by a strong sense of duty. These public servants deserve to have confidence in conduct and discipline processes that are fair, proportionate and prompt, enabling the minority of those who fall short of expected standards to be held to account.

4. Police Scotland and the SPA were established in 2013 under the Police and Fire Reform (Scotland) Act 2012. Several regulations were introduced to govern the performance and conduct of police officers, including the following.

The Police Service of Scotland (Conduct) Regulations 2013

The Police Service of Scotland (Conduct) Regulations 2014

The Police Service of Scotland (Senior Officers) (Conduct) Regulations 2013

The Police Service of Scotland (Performance) Regulations 2014

The Police Service of Scotland (Senior Officers) (Performance) Regulations 2016

These regulations collectively form the basis of Scotland’s policing conduct and performance framework.

5. The Scottish Government is currently undertaking a comprehensive review of both The Police Service of Scotland (Conduct) Regulations 2014 and The Police Service of Scotland (Senior Officers) (Conduct) Regulations 2013. While some elements of employment law apply to police officers, statutory regulations generally take precedence.

6. In addition to these statutory provisions, Police Scotland currently operates a statutory Code of Ethics based on the principles of integrity, fairness and respect (reproduced at appendix A) along with Standards of Professional Behaviour (reproduced at appendix B), which set clear expectations for officers and staff.

7. On appointment, every Scottish police officer also swears an oath of office before a sheriff or justice of the peace.

“I, do solemnly, sincerely and truly declare and affirm that I will faithfully discharge the duties of the office of constable with fairness, candour, integrity, diligence and impartiality, that I will follow the Code of Ethics for policing in Scotland and that I will uphold fundamental human rights and accord equal respect to all people, according to law.”

8. Post-legislative scrutiny of the Police and Fire Reform (Scotland) Act 2012 led to an independent review of complaints handling, investigations and misconduct processes led by Rt. Hon. Dame Elish Angiolini (now Lady Angiolini). Her final report was published in November 2020: Independent Review of Complaints Handling, Investigations and Misconduct Issues in Relation to Policing: Final Report. There were 111 recommendations made across both this report and the preliminary report to her subsequent inquiry. A significant number of these recommendations have been implemented, while several remain outstanding (some of which require legislative change). The full impact of work undertaken to close these recommendations has yet to be fully assessed.

9. Further scrutiny followed the 2021 murder of Sarah Everard in England (by a serving police officer), prompting a Home Office inquiry led by Lady Angiolini. The Angiolini Inquiry ‑ Part 1 Report (February 2024) highlighted failures of conduct investigations, HR processes, vetting policy and practice across three forces in England. Part 2 of the inquiry is underway and will report on police recruitment, vetting, culture and standards, along with women’s safety in public spaces.

10. Although focused on police forces in England, the findings of the Angiolini Inquiry are relevant to Scotland due to similarities in organisational structures, vetting challenges and public expectations of policing.

11. In 2023, HMICS published Thematic Inspection of Organisational Culture in Police Scotland, which concluded that standards of professional behaviour and ethics were integral to the aspirational culture of Police Scotland. It found that misconduct and grievance processes were widely perceived as lacking openness, transparency, fairness and pace of resolution. A general lack of trust in these processes was found to have a direct (and at times, damaging) impact on individuals and teams.

12. The Police (Ethics, Conduct and Scrutiny) (Scotland) Act 2025 introduces significant reforms, including a statutory Code of Ethics, a Duty of Candour, enhanced misconduct procedures and strengthened mechanisms for greater accountability.

13. HMICS assurance reviews allow for detailed scrutiny where there is a specific need to audit critical systems and ensure accurate and ethical recording, or to provide independent assurance in high-risk areas. Conduct was identified as an inspection area in the HMICS Scrutiny Plan 2022-25, following wide-ranging consultation. While acknowledging the considerable work underway in Scotland relating to police conduct, this assurance review seeks to provide independent scrutiny of current conduct and discipline systems, to assess their fairness, transparency and effectiveness.