Report – Police Scotland – PIRC/00284/26
The Complaints
The complaint in this case arose after the applicant’s phone was seized as a production in a criminal investigation in 2024. The Crown Office and Procurator Fiscal Service (COPFS) decided not to instigate court proceedings against the applicant on 3 September 2025. The applicant attended a police station in April 2026 as his mobile phone had not been returned. We have reviewed the handling of two complaints, namely that:
Police Scotland held the applicant’s phone as a production in relation to a case which was later discontinued, and
An officer was rude, spoke to the applicant in a dismissive manner and gave false information when the applicant tried to recover his property.
Police Scotland's Decision
Police Scotland did not uphold the applicant’s complaints.
Our Findings
We have found that Police Scotland did not handle either of the applicant’s complaints to a reasonable standard.
Consequently, we have made two recommendations to address the shortcomings in Police Scotland’s handling of the complaints. In summary, we have recommended that Police Scotland conduct further necessary and proportionate enquiries into both complaints and provides the applicant with a further response.
Our recommendations should be implemented by Police Scotland within two months of the date of this report.
Police Bodies: Police Scotland