POLICE SCOTLAND: Independent legal panels should examine all cases of gross misconduct regardless of rank

David Kennedy, Police Federation, Pauline McNeill, Labour Justice spokesperson, and Neil Gray, Justice Secretary.

The Scottish Police Federation is calling for a halt to controversial changes in officer misconduct regulations.

They have written to every MSP, calling on them to halt the implementation of new misconduct rules after a Sunday Post investigation revealed the regulations will go against recommendations in the Angiolini Review.

Our revelations show that only very senior officers will have independent legal experts to hear misconduct cases, reneging on a six-year-old promise that all officers would have that level of scrutiny for fairness and transparency reasons.

Following the investigation, which also revealed 20 officers had taken their own lives, a quarter of them while suspended awaiting misconduct hearings, MSPs are now being asked to halt approval of the proposed changes which go directly against recommendations accepted during the Angiolini Review.

David Kennedy, General Secretary of the Scottish Police Federation, said: “We are calling on all MSPs from every party to halt the implementation of these new regulations until they can fully examine all the evidence and consider what we believe are several serious potential consequences.”

His letter said: “I ask you to urge the Scottish Government to defer implementation and, if necessary, to support and vote for annulment of the regulations when the opportunity arises. This would allow further consultation and an independent evaluation of whether the proposed framework is fair, workable and capable of securing the confidence of the public and police officers alike.

“The Federation supports robust accountability. Police officers hold extraordinary powers and must be held to the highest standards. Officers who abuse their position, commit serious misconduct or are unfit to serve must be dealt with effectively. The public are entitled to expect nothing less, and so are the many thousands of dedicated officers who serve their communities with integrity every day.

“But a process can be robust only if it is also fair. Decisions must be made on reliable evidence, through procedures that are transparent, proportionate and capable of withstanding independent scrutiny. Where a system fails to meet those standards, the consequences are felt by complainants, officers, their families and the wider public.”

Kennedy called for the proposals to be reconsidered and said: “The proposed regulations represent a significant change to how allegations of misconduct and gross misconduct will be investigated and determined. They must be considered in the context of the evidence available today, including experience of how the existing system has operated in practice.

“The independent review led by Dame Elish Angiolini made an important contribution to improving police accountability and public confidence.

However, a considerable period has passed since that review was undertaken. We believe it is reasonable to examine whether the proposals, in their present form, take full account of subsequent developments, evidence and practical experience.

“When I gave evidence to the Criminal Justice Committee on 4 November, I made clear that the Federation is not opposed to a process that removes officers who should not be in policing. Our concern is that the current system can cause immense harm to individuals and their families, including in cases where decisions are subsequently overturned.

“The Committee also heard concerns about how the existing regulations have been implemented. Changing the rules without fully understanding the causes of those difficulties risks carrying existing problems into a new framework. The Scottish Police Federation believes that every gross misconduct hearing should be chaired by an appropriately qualified person who is independent of Police Scotland.

“Gross misconduct proceedings can result in an officer losing their career, with profound consequences for the officer, their family, the complainant and public confidence in policing. Decisions of such significance should be made through a process that is demonstrably independent and fair. An independent chair would help address the perception that the police are marking their own homework. It would provide assurance to complainants and the public that allegations are being considered impartially, while giving officers confidence that decisions are made objectively and on the evidence. This principle should apply consistently to all gross misconduct hearings.”

Lady Elish Angiolini.

Scottish Conservative Shadow Justice Minister Stephen Kerr said: “Why should a constable facing dismissal get fewer safeguards than a chief constable facing the same consequence? I’ve asked Neil Gray that question. I’m still waiting for an answer.

“There are good changes in these regulations. I want to keep them. But Parliament has to take each set of regulations as Neil Gray laid them. We cannot take just parts of them. That is why I lodged both motions to annul.

“I asked Chief Superintendent Rob Hay, president of the Association of Scottish Police Superintendents, how much training officers get to chair these hearings. He answered two days. For a hearing that can end somebody’s career.

“Rob has chaired those hearings himself. David Kennedy, the general secretary of the Scottish Police Federation, told us that the last seven Federation members whose dismissals went to a tribunal got their jobs back, some with final written warnings.

“Both want an independent, legally qualified chair. Why should anyone have to go to appeal to get that independence? I heard from officers who say the process felt like a kangaroo court.

“Calum Steele, former general secretary of the Scottish Police Federation, wrote with serious allegations that hearing chairs had been pressured to impose particular sanctions. Those allegations need to be examined.”

“We heard about the isolation and suicidal thoughts some officers experience. How can we hear that and carry on?

“The people we ask to uphold the law on the front line are entitled to a fair hearing, whatever rank they hold.”

Scottish Labour Shadow Justice Secretary Pauline McNeill is also backing the move and is supporting the Federation call. She said: “It is apparent from evidence provided to the Criminal Justice Committee that there is a clear case for looking at the police conduct regulations in place for all police officers.

“The Scottish Police Federation has given evidence that argues that regulations should treat all police officers equally regardless of rank when it comes to issues of gross misconduct.

“Scottish Labour believes that it would make sense for the Cabinet Secretary for Justice to withdraw the current regulations and consider all the specific regulations surrounding this issue.”

Police Scotland said: “Many aspects have already been introduced, including a new Standard of Professional Behaviour and Code of Ethics. We submitted formal feedback to Scottish Government, and remain committed to ensuring that our officers and staff uphold our values at all times, to maintain and grow public confidence in policing.”

Justice Secretary Neil Gray said: “The reforms will result in faster removal of officers guilty of gross misconduct and greater openness in misconduct proceedings. They deliver on the Police (Ethics, Conduct and Scrutiny) (Act) 2025, which also ensures that vetting of officers is maintained throughout their career.

“Superintendents and Chief Superintendents are well placed to assess allegations of officer misconduct and ensure that proceedings are conducted fairly and appropriately, with independent legal oversight available for those who appeal the decisions. This will improve police misconduct procedures whilst ensuring that cases continue to be dealt with robustly and without undue delay.”

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