Report – Police Scotland – PIRC/01156/25
The Complaints
The complaints in this case arose after the applicant was arrested, interviewed and charged with an offence under section 39(1) of the Criminal Justice and Licensing (Scotland) Act 2010. A Standard Prosecution Report was submitted to the Crown Office and Procurator Fiscal Service for this offence, and further charges were subsequently raised against the applicant.
We have reviewed the handling of five complaints, namely that:
An allegation against the applicant, that he had a knife, was not mentioned during the police interview conducted by two named officers,
The applicant was not charged with a stalking offence contained in the police report, despite it being recorded in the summary, and the applicant only found out about this offence when he appeared at court,
Two named officers did not explain that there was an allegation that the applicant had possession of a knife, and the Procurator Fiscal may add this allegation to the case,
A named officer was rude and dismissive towards the applicant when he attended a police office to make a complaint about the police, and
An officer was rude and dismissive towards the applicant when he attended a police office on an unknown date and time.
Police Scotland's Decision
Police Scotland did not uphold any of the applicant’s complaints.
Our Findings
We have found that Police Scotland did not handle any of the applicant’s complaints to a reasonable standard.
Consequently, we have made five recommendations and identified two learning points to address the shortcomings in Police Scotland’s handling of the complaints. In summary, we have recommended that: in relation to complaints 1, 2, 3 and 4, Police Scotland revisit the complaints and provide the applicant with further well-reasoned responses; and in relation to complaint 5, Police Scotland conduct any further necessary and proportionate enquiries and thereafter provide the applicant with a further well-reasoned response. Our learning points relate to naming officers in final response letters and of the appropriate use of Frontline Resolution.
Our recommendations and learning points should be implemented by Police Scotland within two months of the date of this report.
Police Bodies: Police Scotland