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Chamber and committees

Official Report: search what was said in Parliament

The Official Report is a written record of public meetings of the Parliament and committees.  

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Dates of parliamentary sessions
  1. Session 1: 12 May 1999 to 31 March 2003
  2. Session 2: 7 May 2003 to 2 April 2007
  3. Session 3: 9 May 2007 to 22 March 2011
  4. Session 4: 11 May 2011 to 23 March 2016
  5. Session 5: 12 May 2016 to 5 May 2021
  6. Current session: 12 May 2021 to 24 November 2024
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Displaying 1012 contributions

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Criminal Justice Committee

Police (Ethics, Conduct and Scrutiny) (Scotland) Bill: Stage 1

Meeting date: 15 May 2024

Pauline McNeill

Thank you. Recommendation 46 of the review is:

“The ability to report directly to the Criminal Allegations Against Police Division of COPFS a complaint of a crime by a police officer should be much better publicised and made more accessible to the public by COPFS”.

I wonder why you thought that that was the case—that a complaint should be widely publicised? Why is that or, rather, what was meant by that?

Criminal Justice Committee

Police (Ethics, Conduct and Scrutiny) (Scotland) Bill: Stage 1

Meeting date: 15 May 2024

Pauline McNeill

I understand. That is helpful.

Criminal Justice Committee

Police (Ethics, Conduct and Scrutiny) (Scotland) Bill: Stage 1

Meeting date: 15 May 2024

Pauline McNeill

That is really interesting and helpful, because we thought that there might be a legal reason for that. Now that we know that there is not, we can pursue that.

I want to keep using an example—a simple example. On the face of it, if a police officer is accused of assault, that is a criminal case that may go to court, and the court may find the officer not guilty.

Criminal Justice Committee

Police (Ethics, Conduct and Scrutiny) (Scotland) Bill: Stage 1

Meeting date: 15 May 2024

Pauline McNeill

The PIRC has said that it is largely meeting those targets but that you can take up to six months.

Criminal Justice Committee

Police (Ethics, Conduct and Scrutiny) (Scotland) Bill: Stage 1

Meeting date: 15 May 2024

Pauline McNeill

Right.

Criminal Justice Committee

Police (Ethics, Conduct and Scrutiny) (Scotland) Bill: Stage 1

Meeting date: 15 May 2024

Pauline McNeill

Good morning. I want to begin by asking you about the lower standard that you mentioned—I think that this is the first time that I have heard about that. Is that contained in law or guidance? Where does that come from?

Criminal Justice Committee

Police (Ethics, Conduct and Scrutiny) (Scotland) Bill: Stage 1

Meeting date: 15 May 2024

Pauline McNeill

I expect that we will hear from the next panel about what happens after the 90 days. I note that you say in your submission that a distinction should be drawn between

“allegations made while an officer still holds the office of constable”

and

“allegations made subsequent to the officer holding the office of constable”—

in other words, where the allegation comes once they are no longer with the police. Does that mean that you think that there should be some adjustment to the bill?

Criminal Justice Committee

Police (Ethics, Conduct and Scrutiny) (Scotland) Bill: Stage 1

Meeting date: 15 May 2024

Pauline McNeill

Thank you. Can you clarify something that you said to Sharon Dowey? This matter came up in previous evidence. In a particular case that the committee looked at, the police officer was, I think, suspended or put on restricted duties, and he was not allowed to know what the allegations against him were. The suggestion in that evidence session was that there might be legal reasons for that. What is the position on that?

Criminal Justice Committee

Police (Ethics, Conduct and Scrutiny) (Scotland) Bill: Stage 1

Meeting date: 15 May 2024

Pauline McNeill

And, if you think there is a reasonable inference of criminality, that is where the PIRC—

Criminal Justice Committee

Police (Ethics, Conduct and Scrutiny) (Scotland) Bill: Stage 1

Meeting date: 15 May 2024

Pauline McNeill

So, in all other cases, there is a certain standard of sufficiency that is applied, but, when it comes to police officers, you have to do something completely different. Is that not quite an odd approach for a prosecutor to deal with?