Suspended assistant chief constable returns to work

ACC Higgins has denied the allegations

A senior police officer has been allowed to return to work but remains under investigation by a watchdog.

Assistant Chief Constable Bernard Higgins was one of four officers suspended last November amid criminal and misconduct allegations.

The Police Investigations and Review Commissioner (Pirc) is still examining the claims, which Mr Higgins denies.

In the meantime, the Scottish Police Authority has given him clearance to resume his duties at Police Scotland.

His lawyer Callum Anderson, of Levy & MacRae, said: "ACC Higgins is pleased to return to his duties.

"He has fully co-operated with every stage of the investigation and provided a substantial body of evidence to the (Scottish Police) Authority to demonstrate that all of the anonymous unspecific allegations against him are entirely without foundation."

Probes ongoing

The allegations of both criminality and misconduct were referred to the Pirc by the Crown Office and Procurator Fiscal Service (COPFS) and the SPA between 6 November 2017 and 18 January.

But although Mr Higgins is returning to work on 19 March, both probes are still ongoing.

A Pirc spokesman said: "In this case, reports will be submitted to both the COPFS, in relation to the criminal allegations and to the SPA in respect of the misconduct allegations, for their consideration of any appropriate action.

"The question of suspension is a matter for the SPA and is an entirely different process from its consideration of whether or not there is a case to answer by the senior officer.

"The SPA may suspend a senior officer if it is satisfied that an effective criminal or misconduct investigation may be prejudiced if the senior officer is not suspended, or there are other relevant considerations, where the public interest requires the senior officer's suspension."

Return to duty

It is understood the SPA has taken the view that Mr Higgins' return to work after four months will not impact the ongoing investigations.

An SPA spokeswoman said: "A senior Police Scotland officer is to return to active duties on 19 March 2018 following a period of suspension.

"The officer's case has been subject to regular review and, at the latest meeting of the SPA's complaints and conduct committee on Thursday 8 March, it was decided that the conditions for suspension were no longer met and suspension should be lifted.

"While independent investigatory proceedings in relation to the officer have not concluded, the committee's decision has been informed by the views of the Police Investigations and Review Commissioner.

"The SPA, given its statutory functions in complaints handling and its responsibilities as an employer, can confirm that appropriate welfare and management arrangements have been discussed with the interim chief constable."

A Police Scotland spokesman said: "Assistant Chief Constable Bernard Higgins will return to work on Monday, 19 March, at which time Deputy Chief Constable Iain Livingstone, the interim chief constable, will outline his portfolio of responsibilities.

"ACC Higgins' return will bring greater resilience to the executive team of Police Scotland as we continue to focus on the delivery of day-to-day policing and serving the people of Scotland."