Seven Police Scotland officers cleared of misconduct

Emma Caldwell was discovered dead in woods near Biggar, South Lanarkshire, in May 2005

Seven Police Scotland officers have been cleared of misconduct following an independent investigation.

The officers had obtained communications data without judicial permission while trying to identify a journalist's sources.

They had been investigating the leaking of information about the Emma Caldwell murder inquiry to the media.

Police Scotland had asked the Police Service of Northern Ireland (PSNI) to examine the allegations of misconduct.

This investigation, by Assistant Chief Constable Mark Hamilton, has now concluded that there was no misconduct on the part of any officer.

All seven will return to operational roles after restrictions were removed.

'Organisational learning'

However, Police Scotland acknowledged that it had not followed new guidelines on access to communications data.

The force said there had been "significant organisational learning" as a result of the case.

The officers under investigation had been attempting to find out how information about the investigation into the murder of Ms Caldwell, 27, in May 2005 had appeared in the media.

In June 2015, the Interception of Communications Commissioner's Office (IOCCO) identified that there had been a breach of communications data protocols and guidance.

Durham Constabulary was asked to carry out an investigation into the breach.

Its report led to the misconduct probe, which was carried out by the PSNI.

Dep Ch Con Rose Fitzpatrick, of Police Scotland, said she had endorsed the findings of that investigation.

"I have reviewed the findings of the enquiry by ACC Hamilton and have determined that there was no misconduct on the part of any of the officers who were investigated," she said.

She added that Police Scotland acknowledged the findings of the IOCCO.

"We accepted that the service did not adhere to new guidelines covering access to communications data and that standards fell below those required."

Action plan

DCC Fitzpatrick said she had apologised "wholeheartedly and unreservedly" to the four people who had been affected.

And she added: "It is important to recognise that since this happened in 2015, a significant amount of work has already taken place in Police Scotland to ensure such failings are not repeated.

"A detailed action plan, overseen by HMICS, was put in place as soon as these matters were highlighted by IOCCO and we will now work to produce, publish and implement an organisational learning report based on the findings of the Durham and PSNI reports.

"We have already implemented 35 of 39 recommendations from an HMICS review of the former Counter Corruption Unit, and the remainder will now be discharged early this year."

She said that the force continued to focus on the investigation into Emma Caldwell's murder, adding: "We will do everything we can to bring her killer to justice."