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26 September 2023
The Police (Ethics, Conduct and Scrutiny) (Scotland) Bill would require the police to have a statutory code of ethics, including a duty of candour, and would make changes relating to the handling of police conduct, including procedures dealing with senior and former officers. It would Increase the functions of the Police Investigations and Review Commissioner (the PIRC) and would introduce an advisory board for the Commissioner.
The Bill also seeks to improve vetting procedures through the establishment of a Scottish police barred list and police advisory list. These lists would provide information about officers subject to misconduct disciplinary procedures, or who have been dismissed, or would have been dismissed had they still been in post.
The proposed reforms are in response to recommendations made by an independent review of police complaints handling, investigations and misconduct, led by Lady Elish Angiolini.
As the inquiry launched, Criminal Justice Committee Convener, Audrey Nicoll MSP, said:
“For a number of years, concerns have been raised about the process of investigating misconduct allegations about Scotland’s police officers. In particular, in cases where officers were able to retire or resign before facing disciplinary hearings.
“Lady Eilish Angiolini’s review made recommendations aiming to strengthen public confidence in policing in Scotland and improving the transparency and accountability of the complaints process. We want to understand whether this Bill will achieve those aims.
“We are keen to hear views from those with experience of the complaints process, those working in policing and the wider justice sector. We’re keen to learn their views on the proposals in the Bill, if any proposals should go further, and whether they feel anything is missing which should also be included.”
You can let the Committee know your views on the Parliament website.
The call for views closes on Friday, 8 December 2023.
The Bill was developed in response to recommendations made by an independent review of complaints handling, investigations and misconduct in relation to policing, led by Lady Elish Angiolini.
Independent Review of Complaints Handling, Investigations and Misconduct Issues in Relation to Policing: Final Report (www.gov.scot)
The Scottish Government states that the Bill is an amending bill and amends the two main pieces of legislation in the area of Scottish policing law (the Police, Public Order and Criminal Justice (Scotland) Act 2006 (the “2006 Act”) and the Police and Fire Reform (Scotland) Act 2012) (the “2012 Act”), and conduct regulations made under the 2012 Act.
You can learn more about the work of the Criminal Justice Committee on the Scottish Parliament website.
Nick Connelly: 07866 125623
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