Police Scotland officers accused of gross misconduct will no longer be able to leave the force to avoid consequences of potential disciplinary hearings following a crackdown by MSPs. The legislation aims to make the police complaints system “fairer, more transparent, accountable and proportionate”.
Former Lord Advocate Dame Elish Angiolini recommended that former officers should be subject to disciplinary proceedings even after quitting or retiring in a landmark report in 2020. The legislation will mean action will have to be taken within a year of the officer resigning or retiring from the force if subject to a gross misconduct case.
Former Chief Constable Phil Gormley quit Police Scotland in 2018 amid an investigation into bullying allegations. The top cop denied the charges against him. As a result, an ‘advisory’ list and ‘barred list’ have been created from the legislation of the people who have been subject to misconduct procedures. Those found guilty will be placed on the ‘barred lists’ and prohibited from being re-employed in policing.
The new law will also mean that vetting procedures are placed on a statutory footing, that vetting is maintained throughout a career, and that the Chief Constable is given powers to remove officers and staff who cannot maintain their vetting clearance. All police officers and staff will have to face a structured regime of ongoing vetting that will continue throughout their professional lives.
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The new arrangements will be underpinned by a statutory Code of Ethics which sets out expected behaviour. To oversee these standards, the role of the independent Police Investigations and Review Commissioner (PIRC) will be significantly enhanced.
Former Scottish Police Federation general secretary, Calum Steele, told the Scottish Daily Mail: “The belief that a police service which regularly shows it is incapable of exercising impartial judgment will suddenly do so justly when it comes to its own officers is frankly risible.”
The change is hoped to make the complaint system ‘fairer’ and ‘more transparent’
(Image: PA Images)
Scottish Tory victims spokesman Sharon Dowey added: “Officers who commit wrongdoing must be held to account. It is vital that this Bill ensures that the complaints system is transparent, fair and cost-efficient.”
Justice Secretary Angela Constance said: “It is vital, however, that where any officer falls below the standards expected, there are robust and transparent mechanisms in place to hold them to account. This Bill will mean that officers accused of gross misconduct can still face proceedings even if they leave the service.
“The public and police officers also need a vetting system they can have full confidence in, and this Bill gives the Chief Constable more powers to remove officers and staff who cannot maintain their vetting clearance.”
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