Report – Police Scotland – PIRC/00688/25
The Complaints
The complaint in this case arose after the applicant was arrested and charged under Section 38 of the Criminal Justice and Licensing (Scotland) Act 2010. The applicant had previously reported allegations of threatening conduct against his ex-partner’s father, which resulted in a crime report being raised on one occasion. Thereafter, the applicant and his ex-partner had an argument, in the presence of the ex-partner’s father, which resulted in the police being contacted. The applicant was charged and held in custody to appear at court. We have reviewed the handling of five complaints, namely that:
Between September 2023 and February 2024, Police Scotland did not conduct enquiries into the applicant’s reports regarding his ex-partner’s father behaving in a threatening and abusive manner towards him.
During his arrest, the applicant was handcuffed by officers despite being compliant.
The applicant asked for the handcuffs to be removed because of his increasing anxiety, but an officer refused.
At the police station, an officer acted in an unprofessional manner by shouting at the applicant.
Officers interviewed the applicant without giving him access to a solicitor.
Police Scotland's Decision
Police Scotland did not uphold any of the applicant’s complaints.
Our Findings
We have found that Police Scotland handled complaints 2, 3, 4 and 5 to a reasonable standard but not so complaint 1.
Consequently, we have made two recommendations to address the shortcomings in Police Scotland’s handling of the complaints 1 and 4. In summary, we have recommended that Police Scotland record a different subject officer for complaint 4, and in line with our observations, reassess complaint 1. Thereafter, Police Scotland should provide the applicant with a further response to complaint 1, which clearly explains the rationale for the conclusions reached.
We have also identified a learning point to highlight good complaint handling practice regarding Police Scotland’s administration of the complaints.
Our recommendations and learning point should be implemented by Police Scotland within two months of the date of this report.
Police Bodies: Police Scotland