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Seòmar agus comataidhean

Official Report: search what was said in Parliament

The Official Report is a written record of public meetings of the Parliament and committees.  

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Dates of parliamentary sessions
  1. Session 1: 12 May 1999 to 31 March 2003
  2. Session 2: 7 May 2003 to 2 April 2007
  3. Session 3: 9 May 2007 to 22 March 2011
  4. Session 4: 11 May 2011 to 23 March 2016
  5. Session 5: 12 May 2016 to 5 May 2021
  6. Current session: 12 May 2021 to 16 May 2025
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Displaying 1114 contributions

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Criminal Justice Committee

Police (Ethics, Conduct and Scrutiny) (Scotland) Bill: Stage 1

Meeting date: 15 May 2024

Sharon Dowey

Can I ask another quick question, convener?

Criminal Justice Committee

Police (Ethics, Conduct and Scrutiny) (Scotland) Bill: Stage 1

Meeting date: 15 May 2024

Sharon Dowey

Fifty-six days is quite a long time. When you get the initial report, would you not expect to get a statement from the person that has been accused of the crime so that you can get their version of events?

Criminal Justice Committee

Police (Ethics, Conduct and Scrutiny) (Scotland) Bill: Stage 1

Meeting date: 15 May 2024

Sharon Dowey

Should access to the list be limited?

Criminal Justice Committee

Police (Ethics, Conduct and Scrutiny) (Scotland) Bill: Stage 1

Meeting date: 15 May 2024

Sharon Dowey

My question follows on from the questions that you have already been asked. I am interested in timescales. You said that there is sometimes, when an allegation about police officers comes to you, already evidence that the allegation might be malicious, so they are put to you straight away. What is the timescale for, for example, getting evidence on a complaint from somebody who has been arrested and said that excessive force has been used? Such complaints come straight to you, but what is the timescale for getting evidence?

Criminal Justice Committee

Police (Ethics, Conduct and Scrutiny) (Scotland) Bill: Stage 1

Meeting date: 15 May 2024

Sharon Dowey

Right. I know that we have to hold the police to a higher standard, but do you think that the police being obliged to report to your department once a complaint of criminality is made, regardless of whether there is sufficient evidence, is an effective system?

Criminal Justice Committee

Police (Ethics, Conduct and Scrutiny) (Scotland) Bill: Stage 1

Meeting date: 15 May 2024

Sharon Dowey

Does that mean that the person who I spoke about who was not told why he was being put on restricted duties should really have been told why at the time and a statement should have been taken?

Criminal Justice Committee

Police (Ethics, Conduct and Scrutiny) (Scotland) Bill: Stage 1

Meeting date: 15 May 2024

Sharon Dowey

On sections 4 to 8 of the bill, which cover aspects of police conduct, the bill allows for the functions that will be conferred on the PIRC to be amended. That is an enabling power only, and details of the functions are not provided in the bill. The bill provides a power to allow gross misconduct procedures to be applied to former police officers and to amend the misconduct procedures for senior police officers—again, further details would be provided in secondary legislation. Does it concern you that more details are not provided in the bill? Do you have any concerns about that?

Criminal Justice Committee

Police (Ethics, Conduct and Scrutiny) (Scotland) Bill: Stage 1

Meeting date: 15 May 2024

Sharon Dowey

Will there be a substantial increase in the resources that are required from you, or will the finances just move from one body to another?

Criminal Justice Committee

Police (Ethics, Conduct and Scrutiny) (Scotland) Bill: Stage 1

Meeting date: 8 May 2024

Sharon Dowey

Good. Convener, can I—

Criminal Justice Committee

Police (Ethics, Conduct and Scrutiny) (Scotland) Bill: Stage 1

Meeting date: 8 May 2024

Sharon Dowey

David Kennedy mentioned the case of Rhona Malone. We heard from a witness who was put on restricted duties and told that he was a danger to the public but was not informed why. He went all the way through a criminal case and was acquitted, by which point he had already taken early retirement.

Why do you do the criminal case first and not do a misconduct or an internal disciplinary investigation? It probably goes back to your procedures but, if that had been done at the time for him, it would have been found that there was no evidence, it would have been dealt with internally and court time would have been saved.