Central Scotland Police

Complaints Process

If a complaint about an on duty member or members of Central Scotland Police is received, how will the complaint be handled and what stages will the investigation into the complaint undergo?

Initial stage

When a complaint is first received, a senior officer (normally of the rank of inspector) will usually attempt to meet with the person who has lodged the complaint and take an initial report which will outline the nature of the complaint.

If the complaint is of a non-criminal nature, the senior officer may explain:

• why the relevant member of the Force took a certain course of action
• the range of powers available to the police

Experience has shown that many members of the public are unaware of the extent of police powers and responsibilities. By providing an explanation, reassurance, clarification or an apology when that is appropriate, it has been shown to be possible to resolve matters to a complainerÆs satisfaction.

We will make effort, where possible, to resolve complaints of a minor non-criminal nature at a local level and for this reason, these will normally be dealt with by a supervisor or senior officer from the Area Command or Department concerned.

If the allegation that has been lodged is of a criminal nature, however, then the Force cannot resolve or attempt to resolve the complaint.

Allegations of criminality against a member(s) of the Force - no matter how minor - are required by law to be referred by the Deputy Chief Constable to the Area Procurator Fiscal (APF). The Procurator Fiscal is entirely independent of the police and provides impartiality to the investigation of the complaint.

Next stage

Where matters are not concluded locally, or if there is reasonable inference of criminal conduct in the action of the members(s) of the Force, the complaint will be reported to the Complaints and Conduct Dept within the Force Professional Standards Department by the Area Command or police department. It is often the case, however, that a member of the public will contact the Complaints and Conduct Department direct.

Complaints involving possible criminal activity will be reported to the Area Procurator Fiscal (APF) within 14 days of the complaint being made.

If the APF deems that a criminal investigation is necessary, then the following process will take place.

Criminal investigation

If the Area Procurator Fiscal (APF) decides that there is reasonable inference of criminal behaviour, he or she may instruct that further investigation should be carried out by the police. This investigation is normally carried out by a police officer working within the Complaints and Conduct Dept. The Force aims to submit a full report outlining all the evidence available to the APF within 10 weeks.

The decision on whether or not the officer will be prosecuted rests entirely with the Crown Office and Procurator Fiscal service.

If after receiving the first report, the APF may decide that the complaint does not reasonably infer criminal conduct on the part of the officer, and will refer it back to the Force. Thereafter, consideration will be given by the Deputy Chief Constable as to whether there are grounds for internal action to be taken against the members(s) of the Force subject to complaint.

If the APF decides to instigate criminal proceedings, these will normally be concluded before misconduct proceedings are considered.

At various stages of the procedure, the Force will contact the person who lodged the complaint updating them on how the case is progressing. The person will also be informed if the Force has taken disciplinary action or does not consider disciplinary action to be required.

If you are still unhappy

If the person who lodged the complaint is dissatisfied at the conclusion of the investigation, they may refer the matter to the Police Complaints Commissioner for Scotland (PCCS) who has the power to examine the manner in which the complaint was dealt with by the Force.

The PCCS can conduct a complaint handling review and can order that the matter be reconsidered. The PCCS can be contacted at PO Box 26890, Glasgow, G2 9BT. Tel: 0808 1785577

Further Information

Further information about complaints about the police in Scotland is available through a leaflet produced by The Scottish Government entitled, ´Complaints about the Police´. The leaflet can be downloaded by visiting the Scottish Government website.