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| Police Scotland 'did not report' rape claim | |
| (35 minutes later) | |
| Police Scotland has failed to refer allegations that its officers committed crimes including rape and assault to prosecutors, MSPs have been told. | Police Scotland has failed to refer allegations that its officers committed crimes including rape and assault to prosecutors, MSPs have been told. |
| Any criminal allegations against serving police officers should be passed by the force to the Crown Office for investigation. | Any criminal allegations against serving police officers should be passed by the force to the Crown Office for investigation. |
| But a Holyrood committee heard the force recorded a rape allegation as an "incivility" rather than a crime. | But a Holyrood committee heard the force recorded a rape allegation as an "incivility" rather than a crime. |
| This meant it was able to investigate the allegation itself. | This meant it was able to investigate the allegation itself. |
| Kate Frame, the Police Investigations and Review Commissioner (Pirc), spoke out after the organisation claimed Police Scotland had on several occasions "failed to refer criminal allegations against officers to the Crown Office and Procurator Fiscal Service as required". | Kate Frame, the Police Investigations and Review Commissioner (Pirc), spoke out after the organisation claimed Police Scotland had on several occasions "failed to refer criminal allegations against officers to the Crown Office and Procurator Fiscal Service as required". |
| Ms Frame said "incompetence" or "more sinister factors" could be responsible for the police failures, which meant that the Crown Office was unable to pass the cases to Pirc for an independent investigation to be carried out. | Ms Frame said "incompetence" or "more sinister factors" could be responsible for the police failures, which meant that the Crown Office was unable to pass the cases to Pirc for an independent investigation to be carried out. |
| As well as an allegation of rape being "inappropriately recorded" as an incivility, Ms Frame said a case where someone reported being "unlawfully detained" by officers was treated as a "quality of service complaint". | As well as an allegation of rape being "inappropriately recorded" as an incivility, Ms Frame said a case where someone reported being "unlawfully detained" by officers was treated as a "quality of service complaint". |
| In another example, she said an allegation of someone being punched twice in the face was recorded by officers as "excessive force" instead of assault. | In another example, she said an allegation of someone being punched twice in the face was recorded by officers as "excessive force" instead of assault. |
| Giving evidence to Holyrood's justice committee, Ms Frame said she had only found out about the cases because the complainers were unhappy with the way the police investigations were carried out, and had approached Pirc to ask for a complaint handling review. | Giving evidence to Holyrood's justice committee, Ms Frame said she had only found out about the cases because the complainers were unhappy with the way the police investigations were carried out, and had approached Pirc to ask for a complaint handling review. |
| Ms Frame said: "At that stage we were able to refer the matter to the Crown Office for their instructions in relations to the criminality involved. | Ms Frame said: "At that stage we were able to refer the matter to the Crown Office for their instructions in relations to the criminality involved. |
| "Had the complainers not had the option of coming through the complaint handling process we would have been none the wiser." | "Had the complainers not had the option of coming through the complaint handling process we would have been none the wiser." |
| She also said she was concerned about the "level of police discretion which continues to allow them to investigate some of their own actions". | She also said she was concerned about the "level of police discretion which continues to allow them to investigate some of their own actions". |
| Ms Frame added: "I think there is maybe a combination of factors that have contributed to it, either by the way of incompetence or other more sinister aspects." | Ms Frame added: "I think there is maybe a combination of factors that have contributed to it, either by the way of incompetence or other more sinister aspects." |
| But she told the committee it was "very difficult to assess" how widespread the issue was, because she only finds out about "the complainers who come to us after the event, and some may very well not". | But she told the committee it was "very difficult to assess" how widespread the issue was, because she only finds out about "the complainers who come to us after the event, and some may very well not". |