Posted: Monday 13 March 2017
Commissioner makes 1 recommendation and 1 learning point in 3 complaint handling reviews
The Police Investigations & Review Commissioner (PIRC) has found that 1 complaint out of 7 made to Police Scotland was not dealt with to a reasonable standard in her complaint handling reviews published today, Monday 13 March 2017.
She issued 1 recommendation and 1 learning point to Police Scotland.
In 465.16, the complaint arose from the applicant receiving a verbal notice of intended prosecution in relation to an alleged road traffic offence.
The applicant was convicted of the alleged offence but his conviction was overturned on appeal due to the notice of intended prosecution being delivered incorrectly.
One complaint was considered, namely that a warning under section 1 of the Road Traffic Offenders Act 1998 was incorrectly administered.
It was found that the complaint was not dealt with to a reasonable standard. One recommendation was made in this connection. A learning point was also identified.
The complaints in 438.16 arose from the applicant being asked to voluntarily attend a police station in connection with an allegation that he has assaulted a husband and wife.
Four complaints were considered, namely:
1. That an officer telephoned the applicant and demanded he attend at a police office for interview. Despite not wishing to attend, the applicant felt pressure to do so as the officer stated he would attend at the applicant's home and remove him to a police office in a police car if he failed to meet with him;
2. That officers carried out insufficient enquiry prior to demanding that the applicant attend a police office for interview. Had the officers carried out a thorough investigation, they would have realised the applicant was not responsible for the crime for which they interviewed him;
3. That police officers failed to adequately explain procedures to the applicant meaning he was unaware of his status, believing he had been arrested; and
4. Officers were provided a copy of a DVD on, which the applicant believes clearly shows he was not responsible for the assault under investigation. The officers advised him they would take appropriate action when considering the evidence they had obtained, however, the applicant has not been provided with an adequate update as to the outcome of this.
The review found that all four of the applicant's complaints were dealt with to a reasonable standard. No recommendations were made.
In 409.16, the complaints arose after Police Scotland responded to an allegation that the applicant's mother was being attacked at her home address.
Two complaints were reviewed, namely:
1. that the applicant does not believe that officers were justified in forcing entry to his house; and
2. that the applicant believes there was no investigation to establish who made the allegation.
The review found that both complaints were dealt with to a reasonable standard. No recommendations were made.