THE relationship between the leadership of Police Scotland and its oversight body is “too cosy” when it comes to investigating misconduct, a former Lord Advocate has told MSPs.
Dame Elish Angiolini QC said an independent panel chaired by a legally-appointed person should initially consider complaints, not the Scottish Police Authority, and investigate all gross misconduct allegations against officers.
She also told Holyrood’s Justice Committee that probes into senior officers should be “sealed” while allegations are evaluated.
This did not happen when the force’s former chief constable Phil Gormley was investigated over alleged gross misconduct then quit.
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Dame Elish said there was “significant public interest” in investigations carrying on after accused officers leave the force, as is the case in England, but not Scotland.
The Scottish Police Authority evaluates misconduct allegations against senior police officers who attend its board and committee meetings, before deciding whether to refer them to an outside body.
“That situation is, I would describe it, I suppose colloquially, would be too cosy,” Dame Elish said.
“I therefore think it is important that while the functions of the SPA are critical to the buffer between government and the police, and to ensuring accountability for the service, that this aspect of conduct I don’t think sits well because of the very small number of chief officers that they are dealing with, so they know them all.
“And as a result of that, I think it would be much better for there to be a legally-chaired independent panel established to deal with complaints against senior police officers when they come to an issue of alleged misconduct.”
She said this is needed as the “implications for the country are very significant” from these types of investigations and the authorities need to be seen to be impartial.
Dame Elish criticised the release of information early on into gross misconduct allegations against senior officers.
She said: “That was too early a stage to make such a public comment. There are times when there has to be an investigation not in public.”
She said revealing information at this early stage can be “hugely prejudicial” and potentially deter witnesses.
She said at this early stage when the case is based on an assertion the assessment “should be sealed”.
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The former Lord Advocate was giving evidence following publication of her interim report into police complaints handling and misconduct.
Greater use of body-worn cameras for officers dealing with the public would help protect both parties, she added.
Chief Constable Iain Livingstone said: “How complaints are handled is critical to maintaining the public confidence and trust that Police Scotland enjoys.
“I am committed to ensuring the processes involved are based on the needs of the citizens we serve and are robust and effective.
“We will fully consider the implications of Dame Elish’s recommendations for Police Scotland and how we work with other agencies in the criminal justice system.”
SPA chairwoman Susan Deacon also welcomed the report.
She said: “The need for a root and branch review of police complaints and conduct procedures was identified as a priority by the SPA 18 months ago and this work represents a major opportunity for system-wide improvement.
“Dame Elish’s focus on the need for clarity, simplification, independence, and better joint working between the various agencies will go a long way to building and maintaining public confidence in policing.”
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