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Recent Reports
Aithisgean ùra
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Research Briefings
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Ais-eòlas
Published by The Scottish Parliamentary Corporate Body
Police (Ethics, Conduct and Scrutiny) (Scotland) Bill
Author: Kirsty Deacon
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Published: Wednesday 15 Nov 2023 (SB 23-43)
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Overview
Report
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Overview
Report
Summary
Introduction
Background to the Bill
Key policing organisations
Post-legislative scrutiny
Independent Review of Complaints Handling, Investigations and Misconduct Issues in Relation to Policing
Scottish Government consultation
Current context of policing in Scotland
Current police misconduct process
Policy objectives of the Bill
Ethics of the police
Section 2 - Code of Ethics
Section 3 - Duty of candour
Financial costs
Police conduct
Section 4 – Liability of the Scottish Police Authority for unlawful conduct of the Chief Constable
Section 5 – Procedures for misconduct: functions of the Police Investigations and Review Commissioner
Section 6 – Procedures for misconduct: former constables
Section 7 – Scottish police advisory list and Scottish police barred list
Section 8 – Procedures for misconduct: senior officers
Financial costs
Functions of the Police Investigations and Review Commissioner
Section 9 – Investigations into matters involving persons serving with the police
Section 10 – Complaints made by persons serving with the police
Section 11 – Complaint handling reviews
Section 12 – Call-in of relevant complaints
Section 13 – Review of arrangements for investigation of whistleblowing complaints
Section 14 – Investigations involving constables from outwith Scotland
Section 15 – Review of, and recommendations about, practices and policies of the police
Section 16 – Provision of information to the PIRC
Financial costs
Governance of the Police Investigations and Review Commissioner
Section 17 – Advisory board to the Commissioner
Financial costs
Summary
Introduction
Background to the Bill
Ethics of the police
Police conduct
Functions of the Police Investigations and Review Commissioner
Governance of the Police Investigations and Review Commissioner
Sources
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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Scottish Parliament. (2023, June 6). Police (Ethics, Conduct and Scrutiny) (Scotland) Bill [as introduced] Session 6 (2023) SP Bill 29. Retrieved from
https://www.parliament.scot/-/media/files/legislation/bills/s6-bills/police-ethics-conduct-and-scrutiny-scotland-bill/bill-as-introduced.pdf
Scottish Parliament. (2023, June 6). Police (Ethics, Conduct and Scrutiny) (Scotland) Bill: Explanatory Notes Session 6 (2023) SP Bill 29-EN. Retrieved from
https://www.parliament.scot/-/media/files/legislation/bills/s6-bills/police-ethics-conduct-and-scrutiny-scotland-bill/explanatory-notes-accessible.pdf
Scottish Parliament. (2023, June 6). Police (Ethics, Conduct and Scrutiny) (Scotland) Bill: Policy Memorandum Session 6 (2023) SP Bill 29-PM. Retrieved from
https://www.parliament.scot/-/media/files/legislation/bills/s6-bills/police-ethics-conduct-and-scrutiny-scotland-bill/policy-memorandum-accessible.pdf
Scottish Parliament. (2023, June 6). Police (Ethics, Conduct and Scrutiny) (Scotland) Bill: Delegated Powers Memorandum Session 6 (2023) SP Bill 29-DPM. Retrieved from
https://www.parliament.scot/-/media/files/legislation/bills/s6-bills/police-ethics-conduct-and-scrutiny-scotland-bill/delegated-powers-memorandum-accessible.pdf
Scottish Parliament. (2023, June 6). Police (Ethics, Conduct and Scrutiny) (Scotland) Bill: Financial Memorandum Session 6 (2023) SP Bill 29-FM. Retrieved from
https://www.parliament.scot/-/media/files/legislation/bills/s6-bills/police-ethics-conduct-and-scrutiny-scotland-bill/financial-memorandum-accessible.pdf
Police Scotland. (n.d.) Police Scotland Officer Numbers. Retrieved from
https://www.scotland.police.uk/about-us/how-we-do-it/police-scotland-officer-numbers/
Scottish Parliament Justice Committee. (2019, March 25). Report on post-legislative scrutiny of the Police and Fire Reform (Scotland) Act 2012 - The Police Service of Scotland. SP Paper 501, 9th Report, Session 5 (2019). Retrieved from
https://digitalpublications.parliament.scot/Committees/Report/J/2019/3/25/Report-on-post-legislative-scrutiny-of-the-Police-and-Fire-Reform--Scotland--Act-2012---The-Police-Service-of-Scotland
Angiolini, E. (2019, June 21). Policing - complaints handling, investigations and misconduct issues: independent review - preliminary report. Retrieved from
https://www.gov.scot/publications/preliminary-report-independent-review-complaints-handling-investigations-misconduct-issues-relation-policing/
Angiolini, E. (2020, November 11). Independent Review of Complaints Handling, Investigations and Misconduct Issues in Relation to Policing. Retrieved from
https://www.gov.scot/publications/independent-review-complaints-handling-investigations-misconduct-issues-relation-policing/
Scottish Government. (2023, May 18). Complaints, investigations and misconduct in policing: implementation progress report. Retrieved from
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Northern Ireland Assembly Committee for Justice Clerks . (2023, June). Police Complaints: Note by the clerk. Retrieved from
https://www.parliament.scot/-/media/files/committees/criminal-justice-committee/police-complaints-background-note.pdf
Scottish Government. (n.d.) Police complaints, invesigtations and misconduct: a consultation on legislation - consultation responses. Retrieved from
https://consult.gov.scot/safer-communities/police-legislative-reforms/consultation/published_select_respondent
Alma Economics. (2022, November). Police Complaints, Investigations and Misconduct: Analysis of Consultation on Legislation. Retrieved from
https://www.gov.scot/publications/police-complaints-investigations-misconduct-analysis-consultation-legislation/pages/1/
Police Scotland. (2023, May). Chief Constable statement on institutional discrimination. Retrieved from
https://www.scotland.police.uk/what-s-happening/news/2023/may/chief-constable-statement-on-institutional-discrimination/
BBC. (2023, October 9). New Police Scotland chief agrees force is institutionally racist. Retrieved from
https://www.bbc.co.uk/news/uk-scotland-67053958
HM Inspectorate of Constabulary in Scotland. (2023, October 3). HMICS Assurance review of vetting policy and procedures within Police Scotland. Retrieved from
https://www.hmics.scot/publications/hmics-assurance-review-vetting-policy-and-procedures-within-police-scotland
Constance, A. (2023, October 6). Letter to the Criminal Justice Committee outlining the Scottish Government’s response to the HMICS Assurance Review of Vetting Policy and Procedures within Police Scotland. Retrieved from
https://www.parliament.scot/-/media/files/committees/criminal-justice-committee/correspondence/2023/hmics-review-of-vetting-policy-letter-from-cab-sec-jha-6-october-2023.pdf
HM Inspectorate of Constabulary in Scotland. (2023, January). Thematic Inspection of Organisational Culture in Police Scotland: Terms of Reference. Retrieved from
https://www.hmics.scot/sites/default/files/publications/HMICS20230110TOR.pdf
Casey, L. (2023, March). Final Report: An independent review into the standards of behaviour and internal culture of the Metropolitan Police Service. Retrieved from
https://www.met.police.uk/SysSiteAssets/media/downloads/met/about-us/baroness-casey-review/update-march-2023/baroness-casey-review-march-2023a.pdf
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