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| Version 2 | Version 3 |
|---|---|
| Police Scotland 'did not report' assault claim | Police Scotland 'did not report' assault claim |
| (35 minutes later) | |
| Police Scotland has failed to refer allegations that its officers committed crimes to prosecutors, Holyrood's justice committee has been told. | Police Scotland has failed to refer allegations that its officers committed crimes to prosecutors, Holyrood's justice committee has been told. |
| Criminal allegations against serving police officers should be passed to the Crown Office for investigation. | Criminal allegations against serving police officers should be passed to the Crown Office for investigation. |
| However, MSPs heard claims this was not always the case. | However, MSPs heard claims this was not always the case. |
| In one incident someone being "unlawfully detained" by officers was treated as a "quality of service complaint". | In one incident someone being "unlawfully detained" by officers was treated as a "quality of service complaint". |
| For non-crime classifications, the force can investigate the allegation itself without having to pass it on. | For non-crime classifications, the force can investigate the allegation itself without having to pass it on. |
| 'More sinister factors' | 'More sinister factors' |
| The Police Investigations and Review Commissioner (Pirc) claimed Police Scotland had on several occasions "failed to refer criminal allegations against officers to the Crown Office and Procurator Fiscal Service as required". | The Police Investigations and Review Commissioner (Pirc) claimed Police Scotland had on several occasions "failed to refer criminal allegations against officers to the Crown Office and Procurator Fiscal Service as required". |
| Its boss, Kate Frame, told the committee that "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. | Its boss, Kate Frame, told the committee that "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. |
| She highlighted a number of cases including an allegation of someone being punched twice in the face being recorded by officers as "excessive force" instead of assault. | |
| The commissioner 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. | The commissioner 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". |