Summary

  • Former Lord Advocate of Scotland explains a number of police officers felt Pirc was too cynical towards Police Scotland

  • She calls for a high level cross-organisational working group to be set up to improve communications

  • Dame Elish accepts there are questions about investigations ending on retiral of an officer

  • Police complaints procedures should be made easier for the public

  • Body cameras protect public and officers says Dame Elish

  1. Pirc 'not equipped' to deal with complaints further afieldpublished at 17:01 British Summer Time 24 June 2019

    Committee

    Committee convener Margaret Mitchell seeks more information about the recommendation on the regional locations of Pirc.

    Dame Elish says it is important staff can get to the in the Highlands and Islands and currently the Pirc is only located in Hamilton.

    I think the concentration in one place might create an issue in the future, she explains.

    The Pirc is not equipped at the moment to deal with something urgent outside of 2/3 hours travel time from Hamilton, Dame Elish says.

    The convener wraps up the afternoon's session.

    Join Holyrood Live tomorrow as the committee quizzes Justice Secretary Humza Yousaf about the recommendations too.

  2. Body cameras protect public and officers - Dame Elishpublished at 16:55 British Summer Time 24 June 2019

    Dame ElishImage source, bbc

    Dame Elish says the presence of a body camera on police officers makes everyone more comfortable.

    "It'll be there to protect the public and it'll be there to protect the officer from false accusations."

    She accepts there has to be a code of practice, for example nothing can be edited out until the defence counsel gets to see it all.

  3. Timeline: The Phil Gormley inquirypublished at 16:55 British Summer Time 24 June 2019

    Phil GormleyImage source, PA

    27 July 2017 - Police Scotland's Chief Constable Phil Gormley confirms he is under investigation for misconduct. The Scottish Police Authority (SPA) board meets and concludes that suspension is "not appropriate", and says Mr Gormley will stay on in post during investigations.

    8 September - The chief constable goes on "special leave" after further complaints are made.

    9 November - The SPA and Mr Gormley's lawyers draft a press release announcing the chief constable's return to work. Meanwhile, chairman Andrew Flanagan has two meetings with Justice Secretary Michael Matheson about Mr Gormley's return - and subsequently emails board members recommending the decision is "paused". Later that afternoon Mr Gormley - on his way back to Scotland - is told by Mr Flanagan not to come back.

    7 February - Mr Gormley resigns from the post of chief constable with immediate effect, saying that the "events since November 2017" make it "impossible for me to resume my duties in a meaningful way".

    More detailed timeline here.

  4. Call for simplification of the police complaints processpublished at 16:51 British Summer Time 24 June 2019

    Dame Elish says the way we direct people how to complain about the police can be made easier.

    I found it very difficult to navigate my way around this online, the former lord advocate tells the committee.

    She also points out the public can go straight to the procurator fiscal if they are concerned about the police.

  5. There must be prosecutions where complaints are malicious or falsepublished at 16:41 British Summer Time 24 June 2019

    Dame Elish says there must be prosecutions where complaints are malicious or false.

    Wasting police time and attempting to pervert the course of justice can be taken forward by COPFS, but that is for them to decide she says.

  6. Background: Sheku Bayoh: Fresh questions over death in police custodypublished at 16:35 British Summer Time 24 June 2019

    Thirty-one-year-old Sheku Bayoh died in 2015 after being restrained by police in KirkcaldyImage source, bbc
    Image caption,

    Thirty-one-year-old Sheku Bayoh died in 2015 after being restrained by police in Kirkcaldy

    Last December evidence uncovered by BBC Scotland raised fresh questions about the way police officers treated a man who died in their custody.

    Fife father-of-two Sheku Bayoh, 31, died in 2015 after being restrained by police in Kirkcaldy. CCTV, other footage and documents obtained by the BBC casts doubt on some of the officers' accounts of the events that led to the death.

    Police Scotland said they could not comment while the case was ongoing.

    The new evidence was disclosed in a A BBC Disclosure programme.

    Read more here

  7. How are complainers kept updated?published at 16:30 British Summer Time 24 June 2019

    Asked aboout deaths in custody, Dame Elish Angiolini highlights concerns with the perception of bringing police officers together and how this influences accounts.

    She says police welfare must be considered but she it not convinced that the approach taken in England and Wales is the best.

    SNP MSP Shona Robison
    Image caption,

    SNP MSP Shona Robison

    SNP MSP Shona Robison turns to the suggestion police should have a duty to update complainers and provide a named contact.

    Dame Elish Angiolini says in the case of deaths in custody, the family have a right to participate in proceedings and understand the process.

    There are times where investigations must happen in private, for example where search warrants are involved, but families must be as involved as possible she adds.

    In terms of other complaints, we hope to look specifically at the participation of complainers Dame Elish says.

  8. 'The issue of time is one I want to look at'published at 16:23 British Summer Time 24 June 2019

    SNP MSP Rona Mackay asks about the time taken to investigate complaints, which can have a detrimental impact on the health of the complainer and those complained against.

    Dame Elish says complaints vary very greatly, with some being extremely complicated requiring experts from abroad.

    She says there must be no time-bar imposed despite the targets set.

    Dame ElishImage source, bbc

    However when someone is suspended, and for the families of the complainer, delays can have a terrible impact, she adds.

    She points out the case can go back and forth between the Crown Office and Pirc.

    "The issue of time is one I want to look at," she says.

    Ms Mackay asks if there will be proposals for streamlining the system, to which the former lord advocate replies yes, alongside a review of the staffing.

  9. Lib Dem MSP questions ending of investigation after retirementpublished at 16:17 British Summer Time 24 June 2019

    Lib Dem MSP Liam McArthur
    Image caption,

    Lib Dem MSP Liam McArthur

    Lib Dem MSP Liam McArthur asks Dame Elish for her thoughts around investigations ending because an officer has retired.

    Dame Elish agrees there are questions around whether an investigation should continue after an officer has left the force, given the substantial powers police have.

    She says it is important an investigation does not become a "hollow exercise" so it is important to consider what impact conclusions would have.

    It may be in the public interest to ensure other police forces across the country are aware of any allegations and the conclusion of proceedings, in case a person seeks a role elsewhere.

    Phil Gormley, who resigned amid allegations of bullying, was named as an inspector of constabulary in England and Wales.

  10. Training is important for those dealing with the front linepublished at 16:12 British Summer Time 24 June 2019

    Dame Elish points out we are asking police officers to deal with far greater demands, including having to understand mental health issues.

    She says there must be training for officers and those handling complaints from the public.

    "That training is important for those dealing with it at the front line."

  11. Could grievances be dealt with better?published at 16:08 British Summer Time 24 June 2019

    Former senior police officer John FinnieImage source, bbc
    Image caption,

    Former senior police officer John Finnie

    Green MSP John Finnie asks about whether some of the grievances could have been dealt with better, perhaps by HR through appropriate resolution rather than a misconduct issue.

    Dame Elish explains police constables are not employees, they hold an office and it's a very deferential structure they have.

    Within the 17,000 police officers, 15,000 are police constables which is a very flat organisation with promotions few and far between, she says.

    The former lord advocate says there is an HR organisation for Police Scotland, but it is not recognisable with other organisations, with a faster turn to discipline and grievance.

    HMICS described it as going from "flash to bang", she says and she reminds the committee that police officers run towards the things we run away from, so face different pressures.

  12. Should an independent complaints panel be set up for misconduct allegations?published at 16:00 British Summer Time 24 June 2019

    Mr Johnson asks about the relationship between Police Scotland and the Scottish Police Authority, noting previous concerns that the two were "too close".

    Dame Elish says what is close about them seems to be "legitimate".

    She suggests a legally independent complaints panel could be set up to deal with allegations of misconduct for senior police officers.

    This would ensure there is impartiality and give the public confidence in this, Dame Elish adds.

    However, she explains this is not a formal recommendation of her review as yet because evidence is still being gathered and it may become clear another route it is better.

  13. Call for a cross-organisational working group to be set uppublished at 15:52 British Summer Time 24 June 2019

    Dame ElishImage source, bbc

    Mr Johnson asks about the non-sharing of certain information between organisations.

    Dame Elish says each of the organisations have elderly standard documents they work to, for example Pirc and the lord advocate's guidelines.

    All the organisations were looking at different sources for their training and guidance and there was little crossover, she says.

    The former lord advocate says that is why one of her recommendations is to set up a high level cross-organisational working group set up to address this.

    She says this does not have to be a "cozy" relationship and the independence of the organisations should be maintained.

  14. Pirc must investigate complaints without prejudicepublished at 15:46 British Summer Time 24 June 2019

    Labour MSP Daniel Johnson
    Image caption,

    Labour MSP Daniel Johnson

    Labour MSP Daniel Johnson asks about further information on the relationship between the four organisations involved in police complaints.

    He points to the part of the report which says the relationships are sub-optimal and characterised by an absence of constructive engagement.

    Dame Elish explains a number of police officers felt Pirc was too cynical towards Police Scotland.

    She says Pirc has to go into any investigation with an open mind and without prejudice, because each case might be looked at afresh.

  15. Background: Call for more body-worn cameraspublished at 15:40 British Summer Time 24 June 2019

    In an interim report,, external Dame Elish makes 30 recommendations in relation to the Police Investigations and Review Commissioner (Pirc), Police Scotland and the Scottish Police Authority (SPA).

    She says because of the destabilising impact a prolonged investigation can have, complaints against senior officers should be dealt with more speedily.

    Police

    Other recommendations include:

    • Police Scotland to consider employing more non‑police officer support staff with appropriate seniority, skills and knowledge of complaints handling
    • Officers to be made aware that they are the subject of a complaint against them at the earliest practicable point
    • The Pirc should adopt a similar policy to England and Wales by recruiting non‑police officers to the most senior posts
    • An acceleration of the use of body-worn cameras to help in investigating complaints against officers
    • The Pirc to consider creating some regional presence to enhance its capacity to respond immediately to the most serious incidents
  16. And we're off.....published at 15:36 British Summer Time 24 June 2019

    Dame Elish AngioliniImage source, bbc
    Image caption,

    Dame Elish Angiolini

    Committee convener Margaret Mitchell welcomes:

    • Rt Hon Dame Elish Angiolini DBE QC
    • Ian Kernohan, Head of Secretariat
    • Paul Allen, Member of the Secretariat

    Dame Elish details over 80 meetings that have led to the preliminary report that is being discussed today.

    She says one of the major issues is about the experience of victims or complainers, as well as concerns around whistleblowing.

    There will be further public consultation and consultation with police officers and she welcomes the full co-operation of the four main organisations involved.

  17. Background: Scottish police complaints system 'should be speeded up'published at 15:32 British Summer Time 24 June 2019

    Phil GormleyImage source, PA
    Image caption,

    Phil Gormley resigned as chief constable after complaints were made against him

    The former Lord Advocate, Dame Elish Angiolini, has called for changes in the way complaints against senior police officers are handled.

    It follows criticism of the process during an investigation into allegations against the former chief constable, Phil Gormley.

    Dame Elish said complaints against senior officers in Scotland should be dealt with more speedily.

    She has also called for wider use of body cameras by on-duty officers.

    Read more.

  18. Welcome to Holyrood Live!published at 13:11 British Summer Time 24 June 2019

    Dame Elish AngioliniImage source, Getty Images
    Image caption,

    Dame Elish Angiolini is heading a review into police complaints handling

    Good afternoon and welcome to Holyrood Live on Monday 24 June 2019.

    The Justice Committee has opted, unusually, to sit this afternoon to take evidence on the handling of police complaints.

    Dame Elish Angiolini published an interim report last week calling for a speedier process.

    She will be discussing her recommendations with the committee from 15:30.