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INTRODUCTION
1. The manner in which complaints against the police are addressed has been subject to powerful and at times emotive debate. Recently, the publication of the report on the inquiry following the death of Stephen Lawrence and the Scottish Executive Action Plan in response, have generated increased public and political interest in the subject.
2. The last thematic inspection on the handling of complaints against the police in Scotland was conducted by Her Majesty's Chief Inspector of Constabulary, Mr John Boyd CBE QPM in 1992. That inspection followed the introduction of the Justice Charter for Scotland which said that organisations should have swift, effective and easy-to-use complaints procedures.
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"For this is not the liberty which we can hope, that no grievance ever should arise in the Commonwealth, that let no man in this world expect; but when complaints are freely heard, deeply considered, and speedily reformed, then is the utmost bound of civil liberty attained that wise men look for." John Milton (Areopagitica, 1644) |
3. In 1993 a review was undertaken which resulted in the Scottish Office Consultation Paper "Review of Conduct and Performance Procedures in the Scottish Police Service." This paper saw an emphasis on the police officer's role as a service provider and the need for a well structured, modern system of management. The result of that review was the Police (Conduct)(Scotland) Regulations 1996 and the Police Appeals Tribunals (Scotland) Rules 1996. The new legislation tried to introduce a more modern, business like approach. Instead of the "accused," the officer against whom the allegation had been made became "the subject constable," the "charge" became the "allegation" and the "Discipline Code" was replaced with a schedule that listed examples of what constitutes misconduct.
4. The new regulations allowed for misconduct hearings to be less like a military court-martial and apart from a few statutory requirements, procedures for hearings were placed in the total control of the chairman. Linked to this was one of the most significant changes to take place since the last thematic inspection - the change in the role of the chief constable in conduct matters affecting the force. Under the Police (Discipline) (Scotland) Regulations 1967, discipline hearings were chaired by the chief constable irrespective of the seriousness of the allegation. Following disposal, appeal was to the then Secretary of State for Scotland. Under the 1996 Regulations, hearings may now be chaired by any officer of superintendent or assistant chief constable rank. This excludes the chief constable who is now responsible for appeals.
5. Another change in the police service since the last inspection is the removal of the rank of deputy chief constable, the post which previously held statutory responsibility for all discipline matters within a force. In law, the rank of deputy chief constable no longer exists and the two chief officer appointments are those of chief constable and assistant chief constable. In practice however those assistant chief constables designated as the chief constable's deputy, have retained the title deputy chief constable and in all Scottish forces it is that post which has retained responsibility for internal conduct matters. In most forces it is also that post which is responsible for dealing with complaints against the police. Due to the continued use of the title deputy chief constable within Scottish forces, that title has been used throughout this report. Where the term "deputy chief constable" is used, it refers to those assistant chief constables within forces who have been given responsibility for complaints and conduct matters by their chief constable.
6. In terms of Section 33(3) of the Police (Scotland) Act 1967, as amended, Her Majesty's Inspectorate of Constabulary (HMIC), under the direction of the Scottish Ministers, shall enquire into the state and efficiency of police forces and the buildings and equipment used by such forces. The introduction of the Police and Magistrate's Courts Act 1994 expanded these duties to enable a member of the public who is dissatisfied with a force's handling of their complaint to request HMIC to examine the manner in which the chief constable has dealt with the complaint.
7. On 28 September 1999 the Minister for Justice, Mr Jim Wallace, announced that HMIC would carry out a thematic inspection of the complaints system in Scotland's police forces. The thematic inspection has been commissioned partly as a response to recommendations made by Sir William Macpherson in the report into the death of Stephen Lawrence published in February 1999. Recommendation 58 states " That the Home Secretary, taking into account the strong expression of public perception in this regard, consider what steps can and should be taken to ensure that serious complaints against police officers are independently investigated. Investigation of police officers by their own or another police service is widely regarded as unjust, and does not inspire public confidence". The report has brought a sharp focus to the issue of independent investigation and the need to ensure equality and fairness in the treatment of all those who have a complaint to make against the police. In Scotland, the legal arrangements for the investigation of complaints against the police fall within the locus of the Scottish Executive.
8. The inspection has been carried out under the direction of Mr William Taylor, HM Chief Inspector of Constabulary, with field work carried out by Mr Graham Power, Assistant Inspector of Constabulary, and Mr Graham Harcus, HM Lay Inspector of Constabulary, supported by staff officers. Terms of reference for the inspection were established at the outset and the inspection process was carried out under a written protocol, structured in accordance with a recognised model. This was designed to ensure a consistent approach and to disclose valid evidence of measurement and achievement. The inspection has been carried out within the context of the statutory role of HMIC and focuses primarily on the potential for continuous improvement in the handling of complaints against the police under existing legislation. HMIC is of course aware of a wider debate on the subject in which a number of parties have expressed support for legislative change in the hope of achieving a more visible level of independence. This report does not attempt to close that debate but rather to provide information and evidence which should enable continuing dialogue to proceed on an informed basis. In the knowledge that legislative reform can be a lengthy and involved process, HMIC offers proposals which are capable of immediate implementation and it is hoped that the opportunity for rapid progress will be taken irrespective of any changes which may be contemplated in the longer term. Part I of this report concerns itself entirely with the operation of the existing system and is the only section in which specific recommendations are made. However, in order to assist further in the broader debate, Part II of the report describes briefly some of the police complaints systems operating in countries with a comparable legal system and offers some objective professional comment on the practical implications of these systems. Part III raises a number of issues of interpretation concerning the current regulations which have been brought to HMIC's notice and which the Scottish Executive might wish to consider.
Terms of reference
9. Complaints against the police are governed by statutory regulations which direct chief police officers to maintain procedures for investigating complaints against officers.
10. On the understanding that the complaints process is subject to specific statutory requirements, the thematic inspection has been conducted within the parameters set out in the following terms of reference:
11. This report by HM Inspectorate of Constabulary therefore begins by seeking to describe the present system of complaints against the police in Scotland. In this respect HMIC has found an apparent lack of understanding and awareness surrounding the current procedures. An outline of the existing system is therefore seen as a useful exercise in itself. The core of this report, Part I, examines the existing system and discusses how it is currently being operated in practice.
12. The statutory powers of HMIC relate entirely to police forces. HMIC has no inspection powers with regard to other agencies. Accordingly the thrust of this report and consequent recommendations are in the main directed towards chief constables, either individually or collectively. In the course of examining the investigation of complaints against police officers however, HMIC has inevitably touched on areas beyond the direct influence of chief constables. In some of these cases it appears to HMIC that it has views to offer which may be of value to other agencies which share a responsibility for police complaints. Where this has occurred the views of HMIC have been expressed by way of comments or suggestions. It is for the other agencies concerned to determine whether these views merit further consideration. Where issues affecting the role of the Scottish Executive and Police Authorities are to be considered it is likely that the Police Advisory Board for Scotland (PABS) will have an important role to play. PABS is a ministerial advisory body on which chief constables, Police Authorities, the Scottish Executive, and Police Staff Associations are all represented.
Methodology
13. The inspection began with an extensive review of the available literature relating to public sector complaints in general but particularly that which related to the police service. An inspection protocol was prepared and this was circulated to the Scottish Executive, police service representatives and other organisations for them to comment. Once the final protocol had been finalised forces were asked to supply written material and evidence concerning their complaints process. A study of this material assisted in identifying the main areas for field work which was undertaken between November 1999 and February 2000.
14. All police forces were visited, records were examined and interviews conducted with officers ranging in rank from chief constable to constable. Each of the police staff associations made submissions to HM Inspectorate and these were followed up with face to face discussions. Meetings took place with every police authority and visits were made to the Crown and the office of every regional procurator fiscal. Discussions were held with a number of agencies including the Scottish Human Rights Centre, the Scottish Commission for Racial Equality and members of other interest groups. In total, HMIC recorded over 200 separate interviews during the course of the inspection.
15. Part I of the report has used, where appropriate, case studies and specific quotes gathered during the inspection. These are accounts of actual events and records of personal views. Their use is not intended to cause any embarrassment or discomfort to the forces or people concerned. Rather they are reproduced in order to provide a better understanding of current practices and the strength of feeling of those who have an interest in the system. In some cases minor details have been changed in order to preserve anonymity. In all other respects the cases and experiences reproduced in this report are supported by evidence gathered during the inspection.
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