7 Complaints and Discipline

1. An increasingly significant part of the work of the Inspectorate relates to examination of how complaints against the police are investigated and dealt with by forces.

2. The Lay Inspector provides an important dimension to the inspection process by giving a non-police, independent viewpoint. On inspection, he will visit complaints departments, is given free access to files and may interview both management and staff. In addition he plays a key role in fulfilling the Inspectorate's statutory obligations in terms of the Police (Scotland) Act 1967 as amended by the Police and Magistrates Courts Act 1994. This provides that someone who is dissatisfied with the way in which a force has dealt with a complaint may refer the matter to the Inspectorate for consideration. I can fully review the way the complaint was handled and, if appropriate, I can direct the Chief Constable to reconsider the complaint. I especially value the Lay Inspector's contribution in the examination given to these complaints and again he is afforded unrestricted access to files.

3. Last year, 36 people contacted me, unhappy with the way forces had dealt with their complaints. This is only slightly more than the previous year and a small proportion of these referrals relate not to complaints but to operational policing matters. However, the thoroughness of the scrutiny given to these cases and the build up of enquiries year-on-year means that they are placing an increasingly heavy burden on my staff.

4. I have no doubt of the value of this work and believe that the effort expended by HM Inspectorate in this area has resulted in a more rigorous approach in the recording and investigation of complaints. In general, forces can be commended for their diligence in this regard and from our assessment of files it is clear that, throughout Scotland, Deputy Chief Constables (DCCs) and officers dealing with the investigation of complaints take their responsibilities, to be thorough and fair in these matters, very seriously.

5. This year 1,261 complaints cases were raised with forces compared to 1,333 last year. This means that for the fifth successive year there has been a reduction in the number of complaints reported. Viewed against a background of increasing numbers of police officers and growing workloads I find this continuing downward trend encouraging.

6. All criminal allegations against police officers must be referred to the Procurator Fiscal who decides whether or not to proceed with action against any officer. Individual complaints may involve more than one allegation and the table below shows the number of allegations made during 1997/98 along with those referred to the Procurator Fiscal in which criminal proceedings were taken. Whilst the total number of allegations has slightly increased I find it reassuring to note the significant reduction in the number of those referred to the Procurator Fiscal. These tend to represent the most serious of the complaints reported to the police. Last year 57% of all allegations made were referred to the Procurator Fiscal as against 37% this year.

Total Complaint Allegations

Allegations Referred to Procurators' Fiscal

Criminal Proceedings Taken

1997/98

2,129

783

23

1996/97

2,113

1,215

23

7. The public rightly expect the highest standards of behaviour from police officers and Chief Constables have the power to enforce sanctions against those who fail to meet these standards. Discipline and misconduct hearings, for incidents before or after 1 August 1996 respectively, were held for 48 officers during the year and disposal of these cases is outlined below. Misconduct hearings are now delegated to superintendents and early indications suggest some diversity in punishment. Training is important and forces must ensure that everything is done to achieve an even-handed approach.

1997/98 Discipline Hearings

1997/98 Misconduct Hearings

Total

Dismissed

0

1

1

Required to Resign

0

3

3

Reduced in Rank

0

1

1

Reduced in Pay

0

8

8

Fined

5

19

24

Reprimanded

4

5

9

Cautioned

1

1

2

Total

10

38

48

8. Over the period statistics reflect satisfying improvements in significant areas relating to complaints. In addition it is clear from inspections that forces are tightening their procedures for investigating complaints, particularly minor ones. But I believe that there remains room for improvement and I am encouraged to see that ACPOS are currently working to establish common standards to be applied throughout Scotland. I am confident that, through the development of a national standard Complaints Against the Police Investigation Report, the quality of investigation into complaints will be raised throughout the country.

Care and Custody of Prisoners

9. This continues to be a priority for forces throughout Scotland and I was greatly encouraged to see work taking place in offices across the country to modernise and upgrade facilities to provide a better and safer environment for people detained in police custody. The provision of CCTV and audio facilities in custody suites continues to develop apace. In conjunction with a wide use of dedicated, highly trained custody staff, I find it satisfying to note that great progress has been made in this area in recent years.

10. Despite the level of care and attention provided for detained persons, there are occasions where, each year, people die whilst in police custody. It is a measure of the seriousness with which this is regarded that, on each occasion, a Fatal Accident Inquiry must be held.

11. Last year 10 such deaths were reported - 6 of which actually related to persons in custody at police stations. The other 4 were people who died in other circumstances, for example whilst being conveyed to hospital because of an apparent injury or illness or having died shortly after their release from police custody.