Bill passed in Scotland to strengthen public confidence in policing

A Bill to further improve police complaints and police conduct procedures has been passed by the Scottish Parliament.

Jan 16, 2025
By Paul Jacques

The Police (Ethics, Conduct and Scrutiny) (Scotland) Bill will ensure allegations of misconduct among police officers and staff are dealt with more transparently and effectively.

When implemented, the legislation will mean that officers accused of gross misconduct who retire or resign from the service can still face misconduct proceedings. Those found guilty will be placed on barred lists and prohibited from being re-employed in policing.

A crucial element of the Bill relates to the ongoing vetting of police officers and staff. The new law will see 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 go through a structured regime of on-going vetting that will continue throughout their professional life.

The new arrangements will be underpinned by a statutory Code of Ethics which sets out expectations of behaviour. To oversee these standards, the role of the independent Police Investigations and Review Commissioner (PIRC) will be significantly enhanced.

Justice Secretary Angela Constance said: “Scotland is well served by the exceptional dedication and commitment of our police officers. It is an incredibly difficult frontline job and police officers and staff conduct themselves with integrity, and I am grateful to them for all they do to keep communities safe.

“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.

“The measures in the Bill build on significant improvements to good practice within Police Scotland’s vetting unit which have been recognised by His Majesty’s Inspectorate of Constabulary in Scotland (HMICS), and will further strengthen public confidence and trust in policing.”

Both the Scottish Police Federation and HM Inspectorate of Constabulary in Scotland had raised concerns regarding vetting process changes introduced within the Bill. See https://policeprofessional.com/news/concerns-over-vetting-as-police-conduct-bill-reaches-final-hurdle/

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