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The investigation of complaints against the police in Scotland

13. Summary of Recommendations

Recommendation 1

HMIC recommends that chief constables review the standard letters to complainers and undertake any changes which may assist in making clear the independent investigative role of the fiscal service. (Part I Paragraph 2.36)

This recommendation should be cost neutral.

Recommendation 2

HMIC recommends that chief constables formalise arrangements for the investigation of complaints by external forces in a way which ensures that the requirements of the fiscal service can be met on every occasion. (Part I Paragraph 2.38)

This recommendation should be cost neutral.

Recommendation 3

HMIC recommends that all communications to police forces which infer an allegation of criminal behaviour or misconduct by police officers be recorded as complaints against the police for statistical purposes. (Part I Paragraph 3.9)

This recommendation may have some cost implication.

Recommendation 4

HMIC recommends that chief constables develop and publicise means of recording a complaint against the police which allows much wider opportunities and choices to a potential complainer. (Part I Paragraph 3.15)

The recommendation may have some cost implication.

Recommendation 5

HMIC recommends that in cases where there is strong evidence of serious misconduct forces move to a formal hearing at the earliest opportunity and that investigations be undertaken in a way which allows this to happen. (Part I Paragraph 3.27)

This recommendation offers the prospect of financial savings.

Recommendation 6

HMIC recommends that chief constables and the Scottish Executive agree a national code of practice for the investigation of complaints. The code would cover issues such as timescales, the disclosure of information to complainers, Members of Parliament and other interested parties and the use of investigators from outside forces.

(Part I Paragraph 3.31)

This recommendation should be cost neutral.

Recommendation 7

HMIC recommends that chief constables agree broad criteria of principle governing matters which merit different degrees of disciplinary action and that these be published as part of the code of practice referred to at recommendation 6. (Part I Paragraph 4.6)

This recommendation should be cost neutral.

Recommendation 8

HMIC recommends that criteria for suspension and the support available to suspended officers be included in a national code of practice referred to at recommendation 6. (Part I Paragraph 4.12)

This recommendation should be cost neutral.

Recommendation 9

HMIC recommends that chief constables review their arrangements for selecting personnel for complaints departments in order to ensure that the requirements of equal opportunities are being fully met. (Part I Paragraph 5.2)

This recommendation should be cost neutral.

Recommendation 10

HMIC recommends that chief constables, the Scottish Executive and the Police Support Staff Council (Scotland) develop a code covering complaints against police staff who are not regular constables. (Part I Paragraph 5.7)

This recommendation may have cost implications.

Recommendation 11

HMIC recommends that chief constables agree and publish national guidelines for addressing communications made to police forces which, while appearing to constitute "complaints" within the conventional meaning of the word, do not primarily fall within the statutory definition set out in the Regulations. The guidelines should encompass counting rules, investigation procedures and the rights of complainers. (Part I Paragraph 6.4)

This recommendation may have cost implications.

Recommendation 12

HMIC recommends that chief constables discuss with the Scottish Executive the need to bring Scotland's national policing organisations within a statutory framework which provides for an effective complaints procedure and clearer lines of accountability in matters of professional conduct. The current review of Scotland's policing structure may provide an opportunity to take this issue forward. (Part I Paragraph 7.8)

This recommendation should be cost neutral.

Recommendation 13

HMIC recommends that chief constables, the Scottish Executive and COSLA establish a fair and cost effective policy for dealing with persistent complainers. Any such policy should be published. (Part I Paragraph 8.4)

This recommendation offers the prospect of financial saving.

Recommendation 14

HMIC recommends that forces schedule complaints investigation to an early review under the Best Value programme and in particular that they should seek savings in the area of investigation support. (Part I Paragraph 9.11)

This recommendation offers the prospect of financial saving.

Recommendation 15

HMIC recommends that the Scottish Executive liaise with the Crown to establish arrangements for the production and publication of an annual report setting out national statistics and trends in complaints against the police in Scotland, supported by objective comment on good practice and remedial action. (Part I Paragraph 10.23)

This recommendation offers the prospect of financial saving.

Recommendation 16

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. (Part I Paragraph 11.7)

This recommendation will have some short term cost implications.

Recommendation 17

HMIC 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. (Part I Paragraph 11.10)

This recommendation may have some cost implications.

Recommendation 18

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. (Part I Paragraph 11.14)

This recommendation should be cost neutral.

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