Deaths in custody ‘should be treated like homicides’
Investigations into deaths in police custody should be treated with the same urgency as homicide investigations, according to an independent review.
In her rep or t, Dame Elish Angiol in is aid any delay in such cases can add to the distress of families and have a severe adverse impact on police officers involved.
The 538-page review headed by the former lord advocate 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 Bracadale, is complete.
But Aamer Anwar, solicitor for the family of Mr Bayoh, said the review is a “devastating and damning indictment of a police complaint system not fit for purpose in a modern and democratic Scotland”.
Pirc investigate s deaths in police custody under the direction of the pro curator 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” but recommends a strengthening of its powers.
She said it should be redesignated 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. The report, jointly commissioned by the Scottish Government and Lord Advocate James Wolffe, says pre - li mi nary assessment of misconduct allegations made against senior police officers should be transferred to Pirc to “enhance indep end -
ent scrutiny of allegations, remove any perception of familiarity… and give greater clarity around the process ”. Dame Elish also recommended an independent review into equality in Police Scotland.
Michelle Mac leo d of Pirc welcomed the review and said it will carefully consider its findings.chief Constable Iain
Livingstone said the implications of the recommendations now require “careful consideration”.
Justice Secretary Humza Yousaf said he and the Lord Advocate will consider the report before responding formally.