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Independent Review of Complaints Handling, Investigations and Misconduct Issues in Relation to Policing

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Independent Review of Complaints Handling, Investigations and Misconduct Issues in Relation to Policing Independent Review of Complaints Handling, Investigations and Misconduct Issues in Relation to Policing Final Report November 2020 The Rt. Hon. Dame Elish Angiolini DBE QC Contents Page No. Foreword 9 Acknowledgements 17 Executive summary 21 1. Introduction 42 Terms of Reference and purpose of the Independent Review 42 Methodology 42 Principles that underpin police complaints arrangements 43 Public expectations of police officers and the role of a constable 45 Public expectations of the complaints system 48 2. Background 49 3. Legal and ethical framework 51 Codes of ethics 54 4. Complaints handling process, investigations and misconduct 59 How do I make a complaint about the police? 60 5. Justice Committee Post-Legislative Scrutiny Inquiry 64 6. Themes emerging in evidence 68 Evidence from members of the public 68 Accessibility 69 Lack of independence 70 Failure to investigate or to investigate independently 70 Understanding the process 70 The attitude of police officers 71 Body-worn video cameras 72 Delays 72 Written records 73 Views on the Police Investigations and Review Commissioner 73 1 Apology 74 Mediation 76 Communications 76 Whistleblowing 77 Call for evidence 77 7. Police Scotland 81 Professional Standards Department of Police Scotland 81 Frontline resolution 88 Triage 95 Early intervention 96 Independent investigation 97 Grievance procedure 103 Supervisory ratios and promotion 105 Post-incident conferral 108 The obligation of a constable to assist the investigation of a death or serious incident 113 Malicious, vexatious or frivolous complaints 117 Anonymous complaints 120 Definition of a “person serving with the police” 121 Recommendations in relation to Police Scotland 123 8. Policing culture 125 Culture, conduct and complaints 126 Leadership and management culture 128 9. Complaints in the context of inclusion, diversity and discrimination 130 Community relations and attitudes to the police 133 Third-party reporting 136 Public confidence 137 Recruitment and retention of officers and staff 138 Culture 140 Training 142 Support and change needed within Police Scotland 143 Scottish Police Federation 145 Racial abuse from the public 146 Capturing ethnicity data 146 Guidance on discrimination for investigators 149 Part-time and flexible working 150 SEMPER proposal for A Fairer, More Inclusive Police Service 151 Police Scotland policy - workforce diversity, inclusion & equality 151 2 Attitudes and behaviours 153 Conclusion in respect of inclusion, diversity and discrimination 156 Recommendations in relation to inclusion, diversity and discrimination 157 10. Whistleblowing by police officers and support staff 158 Evidence to the Justice Committee on whistleblowing 160 Police Scotland whistleblowing guidance and arrangements 160 Background information on Protect 163 Evidence from the PIRC 164 The Scottish Police Authority 165 Whistleblowing in policing in England and Wales 165 Conclusion in respect of whistleblowing 166 Recommendations in relation to whistleblowing 167 11. Former police officers – Police Barred and Advisory Lists 168 The Police Barred List 169 The Police Advisory List 171 The evidence 172 Conclusion in respect of former police officers 173 Recommendations in relation to former police officers 175 12. Scottish Police Authority 176 SPA governance and decision-making in relation to complaints 179 Preliminary assessment of alleged misconduct 181 Misconduct proceedings, Police Appeals Tribunals and independent legally qualified chairs for gross misconduct hearings 185 The SPA Complaints and Conduct Committee 193 Recommendations in relation to the SPA 197 13. Scrutiny by local authority local scrutiny committees of complaints against the police 199 3 14. Police Investigations and Review Commissioner 205 Functions of the PIRC 206 Accountability 208 Parliamentary accountability 212 Statutory powers on complaints handling 216 Proposed changes to the powers of the PIRC 218 Complaints against senior officers and alleged misconduct 219 Suspension of senior officers in misconduct investigations 222 Investigation of allegations of breaches of ECHR rights 224 The power to call in from Police Scotland a complaint 226 Investigation of current practices or policies of Police Scotland 228 Implementation of recommendations from CHRs and audits 229 Designation as a prescribed body for whistleblowing disclosure 230 ‘Relevant complaint’ and 'member of the public’ 230 PIRC structure and staffing 232 Composition and profile of PIRC investigation teams 232 Diversity and discrimination 234 Access to the Criminal History System 235 Access to Centurion 235 Transparency and confidentiality 237 Complaint Handling Review Team and relationships in PIRC 238 Location of PIRC staff 241 The title of the PIRC organisation 243 PIRC training 243 PIRC culture 245 PIRC performance 249 Recommendations in relation to the PIRC 251 15. Transparency, confidentiality and role of the media 254 Legal background - Social media posts and contempt of court 254 The media and the police 255 The media and the public 257 Transparency and confidentiality 258 Comparison of PIRC and IOPC publication policies 259 Inhibition of witnesses 261 Balancing freedom of expression and right to respect for privacy 262 The Cliff Richard case 265 Publication of information and investigations 265 4 16. Crown Office and Procurator Fiscal Service 268 Role of the Lord Advocate 268 Reporting of off-duty criminality to COPFS by Police Scotland 272 Direct reporting of criminality to COPFS 274 Recommendations in relation to COPFS 275 17. Interactions between the four principal organisations, relationships and culture 276 18. Accessibility and communication 282 Allegations of criminality 283 Communication and language 284 Resolution letters 286 Language and translation 287 Official support and liaison for members of the public 288 Third-party support 290 Customer service principles 293 Recommendations in relation to accessibility & communication 295 19. Evidence from other jurisdictions 296 The Republic of Ireland 296 Northern Ireland 300 England and Wales 309 Recommendations based on evidence from other jurisdictions 329 20. Guidance on complaints and conduct 331 Governance 331 Existing guidance 332 21. Audit 335 Co-ordination of audit arrangements 341 Police Scotland 342 Police Investigations and Review Commissioner 343 The benefits of audit 343 Recommendations in relation to audit 347 5 22. Training, continuing professional development and learning culture 348 Scottish Police Authority training 348 Police Scotland training 349 Training on diversity and unconscious bias 354 Mental health training 355 De-escalation training 356 Complaints and conduct training 357 PIRC training 360 Guidance 363 Strengthening the learning culture across the organisations 364 Training in the Police Service of Northern Ireland 365 Mediation 366 Recommendations in relation to training 367 23. Public sector best practice 368 24. Custody 372 Experience in custody 372 Independent custody visiting 372 Healthcare provision in custody 380 Letter of Rights for people in police custody in Scotland 382 Duty of Care 384 European Committee for the Prevention of Torture 384 Protecting vulnerable people 386 Public Confidence of People with Mental Health Concerns 389 Recommendations in relation to custody 393 25. Complaints arising from deaths in police custody or following police contact 394 Background 394 Family Support 398 Delay 399 Deaths in police custody or during the course of restraint 400 Recommendations in relation to complaints arising from deaths 401 6 26. Officer and support staff welfare 402 Call for evidence 403 Prevention 404 Support services provided by Police Scotland 406 The Police Treatment Centres 410 Evidence from sergeants focus group 410 Evidence from the SPF representatives focus group 411 Evidence from the SEMPER Scotland members focus group 413 Evidence from the Scottish LGBTI Police Association 414 Evidence from the Scottish Women’s Development Forum 414 Summary of evidence on welfare and support 415 27. Capturing best evidence and reducing complaints 417 Body-worn video cameras 417 28. Time limits 421 Time limits for the completion of investigations 422 Time limits on the public submitting complaints 423 Recommendations in relation to time limits 425 29. Cross-border jurisdictional issues 426 30. Legislative changes 432 Changes required in primary and secondary legislation 432 Police and Fire Reform (Scotland) Act 2012 434 Police, Public Order and Criminal Justice (Scotland) Act 2006 436 New reserved/devolved powers 439 Conduct regulations 439 Other regulations 451 Reserved legislation 454 31. List of all final report recommendations 455 7 Annexes 471 Annex A - Preliminary report recommendations and progress updates 471 Annex B - Terms of Reference 478 Annex C - List of legislation and guidance 479 Annex D - Standards of Professional Behaviour 480 Annex E - List of written submissions to the call for evidence 482 Annex F - Police Scotland Code of Ethics 483 Annex G - Glossary 486 8 Foreword In June 2018 the then Cabinet Secretary for Justice and the Lord Advocate invited me to conduct an independent review of complaints against the police in Scotland. The Review commenced in September 2018 and I published my preliminary report in June 2019. As I observed then, several years have now passed since the creation of
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