The Courier & Advertiser (Fife Edition)
‘Damning’ police report welcomed
Complaints system ‘not fit for purpose’
A “devastating and damning” report into Police Scotland’s complaint handling process has been welcomed by the family of Fife man Sheku Bayoh.
The damning critique was issued by Dame Elish Angiolini in a review of the force’s complaints, investigations and misconduct procedures.
Mr Bayoh, right, died in police custody in Kirkcaldy in May 2015.
A key section of the review focused on the Police Investigations and Review Commissioner’s seeming lack of power in probing deaths in custody.
Family lawyer Aamer Anwar said it was a “devastating indictment of a police complaints system not fit for purpose”.
Investigations into deaths in police custody should be treated with the same urgency as homicide investigations, according to an independent review.
In her report, Dame Elish Angiolini said any delay in such cases can add to the distress of families and have a severely adverse impact on police officers involved.
The 538-page review also recommends a significant increase in powers for watchdog the Police Investigations and Review Commissioner (Pirc).
The aim of the review was to consider the current law and practice in relation to complaints handling, investigations and misconduct issues in relation to policing, and to make recommendations for improvements.
Dame Elish said she is “acutely aware” of the death of Sheku Bayoh, who died after being restrained by police in May 2015 while officers were responding to a call in Kirkcaldy.
She said it would be “improper ” for her to comment before a public inquiry into the death, which will be chaired by Lord Bracada le , is complete.
Pirc investigates deaths in police custody under the direction of the procurator fiscal department known as the Scottish Fatalities Investigation Unit.
The concluded investigation is then passed to the Crown for a decision on any potential criminal proceedings or a fatal accident inquiry.
In her review, Dame Elish said investigations involving death or serious injury in police custody are likely to be “amongst the most serious and complex cases the Pirc has to investigate” and they “clearly demand the highest priority in terms of resources and expertise of the organisation”.
Dame Elish said she does not consider Pirc to be “toothless” b ut recommends a strengthening of its powers.
She said it should be redes igna ted as a commission comprising one police investigations and review commissioner and two deputy commissioners, with none of these positions to be held by a former police officer. It should be made accountable to the Scottish Parliament, she added, though not for criminal matters, for which the commissioner is accountable to the Lord Advocate.
The report says preliminary assessment of misconduct allegations made against senior police officers should be transferred from the Scottish Police Authority to Pirc to “enhance independent scrutiny of allegations, remove any perception of familiarity, avoid any duplication of functions or associated delay and give greater clarity around the process”.
Dame El is hal so recommended the Scottish Government look at creating legislation that would allow gross misconduct proceedings against a police officer to continue or start even if they leave the police service, for these hearings to be held in public and determinations published.
She said she was “deeply concerned” by the experience of Police Scotland’s black, Asian and minority ethnic officers, some of whom said they had experienced discrimination in the course of their duties, as had some female police officers and LGBT officers.
Michelle Macleod, of Pirc, welcomed the review and said it will carefully consider its findings, while the Scottish Police Authority said it will consider the report ’s recommendations in full.