HMIC has carried out a review of progress made by the Scottish police service and other stakeholders in addressing recommendations and suggestions made in “A Fair Cop?” (HMIC 2000) which reported on the handling of complaints against the police in Scotland in light of recommendations arising from the report into the death of Stephen Lawrence. The review was carried out against a backdrop of the Scottish Executive’s commitment to establish an independent police complaints body within the lifetime of this Parliament.
Number | Recommendation |
|---|---|
1 | HMIC recommends that ACPOS, in consultation with COPFS, develops a mechanism to allow complainers who have a specific criminal complaint to make to be able to register this directly with the procurator fiscal. |
2 | HMIC recommends that ACPOS enters into discussions with COPFS and the Scottish Executive with a view to publication of a suitable police complaints leaflet. |
3 | HMIC recommends that ACPOS creates and maintains a national database of all allegations and disposals from misconduct hearings. |
4 | HMIC recommends that forces benchmark their suspension policies to ensure that all policies are consistent in content. |
5 | HMIC recommends that ACPOS engages with its partners in the Scottish Criminal Justice system, including COPFS and the Scottish Court Service, to discuss the merits and practicalities of fast tracking criminal cases involving police staff. |
6 | HMIC recommends that a national evaluation of lay visitor schemes should be carried out by the Scottish Executive in consultation with police authorities. |
7 | HMIC recommends, in line with the philosophy of the similar recommendation as detailed in “A Fair Cop?”, that ACPOS agrees and publishes guidelines to deal with quality of service complaints that do not fall within the statutory definition set out in the regulations. The guidelines should encompass counting rules, enquiry procedures and the rights of complainers. |
8 | HMIC recommends that ACPOS, assisted by the Scottish Executive, pilots the use of restorative justice techniques within the police complaints process in a Scottish force. If successful, consideration should be given by all forces to adopting such an approach as part of the police complaints system. |
9 | HMIC recommends that all complaints Investigating Officers should be full time in the role as members of Complaints and Professional Standards departments. |
10 | HMIC recommends that ACPOS enters into discussions with COPFS to seek agreement on a memorandum of understanding around the respective roles of the DCC and APF and the interface between them, to enhance informed decision making by both parties in proceedings with criminal and misconduct allegations. |
11 | HMIC recommends that ACPOS enters into discussions with the Scottish Executive to consider appropriate statutory provision to safeguard the confidentiality of the Investigating Officer’s report. |
12 | HMIC recommends that all Investigating Officers’ reports to the APF should contain both the complainer’s previous convictions and the subject officer(s) complaints history. |
13 | HMIC recommends that all forces should be supported by a dedicated professional standards unit, capable of conducting robust proactive investigation. |
14 | HMIC recommends that forces put in place new arrangements to manage the wide range of complaints received. |
15 | HMIC recommends that the current role of assessors who may assist the chair should be amended to become part of a three person adjudicating panel. |
16 | HMIC recommends that the current raft of rules and regulations be reviewed to take account of and address the issues that have been highlighted in both this report and its predecessor, as well as proposals for an independent police complaints body. HMIC envisages a coherent set of rules and regulations, accompanied by detailed guidance, affecting all police officers from cadet to chief constable. To formulate such a body of legislation and guidance, HMIC recommends the early establishment, by the Scottish Executive, of a working party of practitioners. |