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Aithisgean ùra
Committee Reports
Aithisgean Chomataidh
Research Briefings
Brathan-ullachaidh Rannsachadh
Feedback
Ais-eòlas
Published by The Scottish Parliamentary Corporate Body
Police (Ethics, Conduct and Scrutiny) (Scotland) Bill Stage 1 Report
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Published: Tuesday 02 Jul 2024 (CJS062024R07)
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INTRODUCTION
Proposals in the Bill
Independent Review of Complaints Handling, Investigations and Misconduct in Relation to Policing
Approach to scrutiny
The voices of those with experience of the police complaints system
Finance and Public Administration Committee
Delegated Powers and Law Reform Committee
Policy Memorandum
Overall views on the Police (Ethics, Conduct and Scrutiny) (Scotland) Bill
PARTS 2 AND 3: ETHICS OF THE POLICE
Proposals in the Bill
Code of ethics
Impact
Compliance and accountability
Responsibility for the Code of ethics
Consultation
Duty of candour
Impact
Applicable to off-duty officers
Applicable to police staff
Duty of co-operation
Financial costs - sections 2 and 3
PARTS 4 TO 8: POLICE CONDUCT
Proposals in the Bill
Liability of the Scottish Police Authority for unlawful conduct of the chief constable
Procedures for misconduct: functions of the Police Investigations and Review Commissioner
The current police misconduct procedures
Views on the proposals in the Bill
Preliminary assessment and investigation of senior officer misconduct allegations
Should the PIRC assess and investigate misconduct allegations against all officers?
Should the PIRC assess and investigate complaints about officers?
Should a new independent organisation be established to consider police complaints?
Presentation of cases at senior officer misconduct hearings
Financial costs – sections 4 to 8
Procedures for misconduct: former constables
Accountability
A 12-month time period to commence proceedings
Accelerated hearings
Scottish police advisory list and Scottish police barred list
Views on the proposals in the Bill
Establishing and maintaining the lists
Should the lists be published?
Vetting
Special power of dismissal for the Chief Constable
Procedures for misconduct: senior officers
Views on the proposals in the Bill
An independent panel to consider senior officer misconduct cases
Composition of the independent panel
The appeals process
Gross misconduct hearings to be held in public
PARTS 9 TO 16: FUNCTIONS OF THE POLICE INVESTIGATIONS AND REVIEW COMMISSIONER
Proposals in the Bill
Investigations into matters involving persons serving with the police
Views on the proposals in the Bill
Definition of a person serving with the police
Investigations into matters involving persons serving with the police
Complaints made by persons serving with the police
Proposals in the Bill
Views on the proposals in the Bill
Complaint handling reviews
Proposals in the Bill
Views on the proposals in the Bill
Policing bodies to respond to the PIRC's recommendations
Transparent reporting of outcomes
Call-in of relevant complaints
Proposals in the Bill
Views on the proposals in the Bill
Review of arrangements for investigation of whistleblowing complaints
Proposals in the Bill
Views on the proposals in the Bill
Investigations involving constables from outwith Scotland
Proposals in the Bill
Views on the proposals in the Bill
Review of, and recommendations about, practices and policies of the police
Proposals in the Bill
Views on the proposals in the Bill
Review of policies and practices
Possible duplication of roles: PIRC and HMICS
Publication of reports
Provision of information to the Commissioner
Proposals in the Bill
Views on the proposals in the Bill
Impact on the time taken to respond to complaints
Necessary safeguards
Financial costs - sections 9 to 16
PART 17: GOVERNANCE OF THE POLICE INVESTIGATIONS AND REVIEW COMMISSIONER
Advisory Board to the Commissioner
Proposals in the Bill
Views on the proposals in the Bill
Establishment of an Advisory Board
Establishment of a Commission
Membership
Suggested legislative changes
PARTS 18 TO 20: FINAL PROVISIONS
Section 19: Commencement
GENERAL PRINCIPLES OF THE BILL
ANNEX A: ORAL AND WRITTEN EVIDENCE
INTRODUCTION
PARTS 2 AND 3: ETHICS OF THE POLICE
PARTS 4 TO 8: POLICE CONDUCT
PARTS 9 TO 16: FUNCTIONS OF THE POLICE INVESTIGATIONS AND REVIEW COMMISSIONER
PART 17: GOVERNANCE OF THE POLICE INVESTIGATIONS AND REVIEW COMMISSIONER
PARTS 18 TO 20: FINAL PROVISIONS
GENERAL PRINCIPLES OF THE BILL
ANNEX A: ORAL AND WRITTEN EVIDENCE
Image: Image 1: An overview of the preliminary assessment stage of the police misconduct process
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Image: Image 2: An overview of the investigation stage of the police misconduct process
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