Misconduct case against ACC dropped

A senior officer could still face criminal proceedings despite being cleared of misconduct allegations.

May 14, 2018
By Kevin Hearty
Bernard Higgins

Assistant Chief Constable Bernard Higgins resumed his role with Police Scotland in March while facing two separate investigations.

The Scottish Police Authority (SPA) has now confirmed that it found no case to answer over the misconduct allegations at a committee meeting last month.

The Crown Office and Procurator Fiscal Service (COPFS) is still considering a report that could see criminal charges brought against him.

A SPA spokesperson said: “The SPA’s Complaints and Conduct Committee met on April 24 to consider allegations made against a senior Police Scotland officer.

“The committee’s consideration was informed by an independent report by the Police Investigations and Review Commissioner (PIRC) in relation to these allegations. The committee determined that the senior officer had no case to answer in respect of either misconduct or gross misconduct and will take no further action in respect of these allegations.

“The committee did not consider allegations against the officer which are currently subject to consideration by the COPFS. The committee will consider these allegations once a decision has been made by COPFS.”

Mr Higgins was suspended in November last year following anonymous criminal allegations to the PIRC.

He denied both allegations of misconduct, and the SPA confirmed the conditions for his suspension were no longer met on March 19.

Mr Higgins’ return saw him transfer from lead for operational support to head of local policing in the west of the country.

Four more Police Scotland officers were also investigated by the PIRC over the same allegations.

A COPFS spokesperson said: “PIRC has submitted a report to COPFS concerning allegations against five officers who were serving with Police Scotland.

The PIRC submitted its report to the COPFS in March.

“The report remains under consideration.”

A PIRC spokesperson said: “Reports were submitted in March to the COPFS, in relation to allegations of criminality against Police Scotland officers, and to the SPA, in respect of misconduct allegations about a senior officer, for their consideration of any appropriate action.”

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