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HM Inspectorate of Constabulary in Scotland

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The investigation of complaints against the police in Scotland

11. Getting Ahead of the Game

The positive promotion of high ethical standards

11.1 Elsewhere in this report HMIC has described the processes for the investigation of complaints against police officers and the workings of the internal misconduct system. All of these processes are reactive in that they deal with the procedures to be followed after matters are alleged to have gone wrong. The Scottish Police Service requires more from its staff than merely keeping out of trouble and there is a well established culture of public service and high ethical standards. Whilst this is well understood by those close to the service HMIC has considered whether it is now appropriate for these values to be articulated in a more formal sense.

11.2 As part of the overall framework of the promotion of transparent ethical standards HMIC has also considered two relatively recent innovations which have begun to make a significant impact in the service. The first is the use of closed circuit sound and video recording in custody areas. The second is the use of independent "lay visitors" to police stations. These initiatives, along with the wider issue of ethical standards, will now be considered in turn.

The use of CCTV

11.3 The police service and those with an interest in its operation, are well familiar with accusations that prisoners have been assaulted and otherwise abused in police custody. It is sometimes alleged that confessions have been extracted by this means. Over recent years forces have moved to counter these allegations by the use of technology. The practice of tape recording, and increasingly now the video recording, of interviews with persons suspected of criminal offences has provided a good evidential record and strengthened defences against unfounded allegations of mistreatment.

11.4 CCTV systems which record the reception and movement of prisoners have substantially extended these safeguards. In addition to the protection of officers from allegations of violence and other inpropriety, more advanced systems scrutinise the receipt and return of prisoners property and record the communication of prisoners rights. In spite of the undoubted value of CCTV, and repeated support from HMIC over the years, installation in the Scottish Police Service is uneven. Whilst some smaller forces have achieved almost total coverage CCTV remains absent from many prisoner reception areas. The need for greater coverage in forces has been subject of previous comment from HMIC.

11.5 HMIC is also on record as having reservations regarding the value and integrity of CCTV systems which are not fully "tamper proof". It is surprising the extent to which some forces have been willing to undertake the work and expense necessary to install CCTV but have then fallen short of the additional steps which are required to prevent unauthorised interference with the workings of the system. Whilst HMIC is not resourced to undertake extensive research, the inspection uncovered sufficient anecdotal evidence from the fiscal service and others to identify this as an area of concern.

11.6 Whilst it is recognised that CCTV installation is yet another demand upon hard pressed budgets HMIC considers that in the present climate such a vital tool in promoting visible integrity should receive greater priority. There are also valid economic arguments which support the use of CCTV. The recording of an incident subject of complaint can provide a more focussed and effective response to an allegation, which may diminish the need for lengthy and inconclusive enquires of a more conventional nature.

11.7 In the context of continuing interest in matters concerning the conduct of the police service HMIC considers that a more robust timescale is required. Accordingly HMIC recommends that all chief constables prepare, publish and implement a programme for providing adequate secure sound and vision CCTV coverage of custody areas. Such a programme should be targeted to achieve full implementation before the end of 2003. Chief constables may require additional help in meeting the cost of implementing this recommendation.

11.8 In an interesting extension of the CCTV principle one force is currently seeking to develop the use of cameras inside the rear of police vans. HMIC look forward to an evaluation of this initiative.

Lay visitor schemes

11.9 HMIC has also given consideration to the contribution which lay visitors can make to bringing transparency to the integrity of the custody process. A "lay visitor" is a citizen who is not a member of a police force who is authorised to visit police stations without notice and inspect the custody area with particular reference to the welfare of prisoners. It is usual for the lay visitors to prepare a written report at the end of a visit. Although well established in England and Wales, until recently there have been no comparable arrangements in Scotland.

11.10 HMIC was therefore interested to examine the lay visitor scheme newly established in one force. A key feature of the project is that the visitors are appointed by and report to the police authority and are not therefore under the direction of the chief constable. This latter feature is seen as valuable in emphasising the independence of the scheme. The lay visitor scheme is in its infancy but early signs are encouraging. At the time of the inspection another force was in the final stage of establishing a lay visitor scheme with the additional feature that lay visitors would be able to view randomly selected tapes from the CCTV cameras in the custody area. HMIC considers that the lay visitor scheme offers a potential model for the remainder of the Scottish police service. HMIC therefore recommends that after 6 months of operation the lay visitor scheme be subject to evaluation with a view to chief constables introducing similar arrangements in their police areas.

Ethical standards

The Nolan principles

11.11 During the course of this inspection HMIC considered the developments in the promotion of positive ethical standards in public life which have taken place since the establishment of Lord Nolan's Committee on standards in public life in 1994. The Nolan Committee, as it became known, produced detailed recommendations under seven main headings known as "the seven principles of public life" or the "Nolan principles". Because of their considerable importance HMIC takes the unusual step of reproducing the principles in full in the body of this report.

11.12 Following the publication of the Nolan report there was considerable activity in both national and local government with the intention of incorporating the principles into working practices and conduct. The Convention of Scottish Local Authorities (COSLA) produced codes of conduct relating to both elected members and paid staff in local government. National government produced codes affecting members of parliament and civil servants, and a wide range of organisations in the public sector have adopted arrangements covering issues such as private interests, gifts, hospitality and personal accountability. Many of these provisions are currently being incorporated into law by means of the Ethical Standards in Public Life (Scotland) Bill.

11.13 In the police service the response to Nolan appears to be less co-ordinated than in some other areas of public life. The COSLA code for local government staff was considered by ACPOS but it was not incorporated in the working conditions of police support staff. No national code was developed for police officers although HMIC found examples of some local initiatives. For example in some forces there are guidelines on the acceptance of gifts and hospitality, although HMIC found that awareness among staff was not always high. There were very few cases of monitoring and only one chief constable maintains a register of gifts. The police service is not included in the new Ethical Standards Bill. Some forces have "Policing Principles," which set out ethical standards which staff should maintain but generally speaking evidence of policy translating into practical outcomes was hard to find. None of the existing codes amount to a complete code of ethics and HMIC would suggest that whilst such principles are indicators of good intent, they need to become fully integrated into force policy and operational procedures before they achieve their full worth. Overall HMIC considers that the service needs to be more conspicuous in its commitment to the principles of Nolan otherwise it could be legitimately argued that more direct statutory intervention is required.

11.14 There is more involved here than "political" perceptions. If senior managers are to be forceful in their determination to deliver high ethical standards and transparency in the junior levels of the service they need to be equally transparent in their own dealings. To put this principle in anecdotal form, it may be difficult for police leaders to act with credibility when addressing such issues as offers of free admission to night-clubs to junior officers if they themselves are perceived, no matter how unjustly, to be the regular and enthusiastic recipients of corporate hospitality from organisations with a commercial interest in the service. Accordingly HMIC recommends that chief constables liaise with police authorities in order to agree and publish a code of ethical standards for the service based on the "seven principles of public life" (known as the Nolan principles) and implement procedures to ensure that the principles are enforced and their compliance measured.

11.15 Finally on this topic HMIC has considered how police officers of all ranks can best be encouraged to assist in the process of sustaining high ethical standards particularly during the course of investigations.

11.16 Whilst there may be a public perception in some quarters that police investigating officers are participants in some form of "cover up" those with experience in scrutinising enquiry reports have, throughout this inspection, been virtually unanimous in their view that police investigations are thorough, impartial and have a high degree of integrity. This view has consistently been advanced by members of the fiscal service and police authority members. Comments have often been made regarding the "Rolls Royce" standard of investigation which complaints receive in contrast to the occasionally fleeting enquiries afforded to some everyday crimes.

11.17 One issue has however been subject of repeated mention and that is the periodic reluctance of some police officers to provide evidence against colleagues, or to bring breaches of integrity to notice through the formal chain of command. There was however a frequently held view that the younger generation of police officers were less reticent in this respect. HMIC has briefly considered how this favourable trend can be strengthened and encouraged.

11.18 HMIC also considered how the parallel issue of management and supervisory responsibility could be addressed. Very few job descriptions for managing and supervisory ranks in the Scottish Police Service contain a specific requirement to uphold and ensure high professional and ethical standards among subordinates. It could of course be said that this was too obvious for words but HMIC was nevertheless unable to find any recent specific example of formal action taken against a senior manager purely on account of failure to deliver high standards within an area of command. Examples of action against failing front line supervisors, particularly sergeants, were easier to find.

Developing a strategy

11.19 Whilst HMIC has no certain view of the way forward or these issues it appears that it is at least incumbent upon the service to develop a strategy for creating a climate in which officers feel free to air concerns regarding integrity issues and in which managers and supervisors are sure of their accountability in this respect. The following are suggested for possible inclusion in such a strategy:

• Inclusion as a module at initial and subsequent formal training opportunities.
• Confidential "integrity helplines" which allow concerned officers to by-pass conventional channels of reporting.
• Support packages for officers who offer evidence of malpractice by colleagues. (Arrangements used to support complainers in equal opportunity cases could provide a basis for such a model.)
• A realistic attitude to minor breaches of process in order to encourage officers to come forward with evidence, and also to remove any expectation that mistakes must be denied.
• A consideration of ethical issues when selecting officers for duty as tutor constables.
• Clear statements of managerial and supervisory responsibilities in matters of integrity and holding to account for failure.
• The vetting of officers who are to be considered for duties of unusual sensitivity.

11.20 HMIC entertains no doubt that ethical standards in the Scottish Police Service are high and there is widespread commitment to integrity in policing at every level. However the service needs to continue to demonstrate and seize opportunities to strengthen the transparency of its position. The use of technology, adoption of integrity rules at least as strong as those in local government, and opening police activities to legitimate independent scrutiny at every opportunity, are some of the ways in which continuing improvement can be delivered.

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