Report – Police Scotland – PIRC/01040/25
The Complaints
The complaints in this case arose after witnesses reported that Applicant 1 had assaulted his wife, Applicant 2, in the street. The police arrested and charged Applicant 1 and conveyed him to police custody. The case against Applicant 1 was marked for no further proceedings by the Procurator Fiscal in February 2024. We have reviewed the handling of ten complaints, namely that:
on 21 July 2022, officers approached Applicant 1 without introduction, failed to provide the reason(s) for the stop, before questioning him in an abrupt manner;
on the same date, Applicant 1 was intimidated and treated in an unprofessional manner by officers of Police Scotland when arrested;
on the same date, Applicant 1 was arrested and transported in a police van without explanation for the reason or informed of his legal rights;
on the same date, following Applicant 1’s immediate arrest, the arresting officers failed to provide appropriate access to the services of an interpreter causing confusion, which impacted his understanding;
on the same date, Applicant 1 was not provided with sufficient water while being held in police custody;
on the same date, Applicant 1 was not provided with access to a nurse or doctor while being held in police custody;
on the same date, Applicant 1’s repeated requests for access to a solicitor were denied during questioning via a poorly connected telephone interpreter;
on the same date, Police Scotland had pre-filled/marked the Police Undertaking Form before Applicant 1 signing;
on the same date, Applicant 1 was mistreated and humiliated by Police Scotland while held in police custody; and
Applicant 2 feels she and her family were discriminated against by Police Scotland and officers thereof.
Police Scotland's Decision
Police Scotland did not uphold any of the applicants’ complaints that are subject of our review.
Our Findings
We have found that Police Scotland handled complaints 1, 2, 3, 4, 6, 8 and 10 to a reasonable standard, but not so complaints 5, 7 and 9.
Consequently, we have made two recommendations and identified two learning points to address the shortcomings in Police Scotland’s handling of these complaints. In summary, we recommend that Police Scotland undertake further enquiry, reassess the complaints and provide Applicant 1 with a further response.
Our recommendations and learning points should be implemented by Police Scotland within two months of the date of this report.
Police Bodies: Police Scotland