Inspector calls for new misconduct in public office law for police

Police officers in Scotland who abuse their position should face a similar criminal charge to their colleagues south of the border, a watchdog has said.

HM Chief Inspector of Constabulary in Scotland, Craig Naylor, has called on the Scottish Government to consider introducing new legislation to bring about the change in his latest annual report.

He noted in his report a recent HMICS inspection of the vetting regime in Police Scotland had led to improvements concerning both the recruitment of new officers and the reviewing of existing employees.

Mr Naylor also noted Police Scotland had responded separately to review recommendations made by Lady Elish Angiolini in relation to the way it deals with complaints about misconduct.

But he also highlighted that while police in England and Wales can face a charge of committing misconduct in public office if they abuse their position, no such offence exists for officers in Scotland.

Mr Naylor wants to see a new misconduct in public office law introduced in Scotland to help strengthen public trust in the standards of Police Scotland’s officers and staff and in the policing system.

He said: “One aspect of this area of policing that is missing in Scotland is the concept of misconduct in public office.

“This charge has a high evidential test but is used, sparingly, in England and Wales, where it exists as an option when there is misuse of the office of constable.

“This test, and the case law associated with it, provides options that could strengthen public protection from officers or staff who misuse their position for personal gain.

“Establishing a code of ethics based upon a legislative position as proposed in the Police (Ethics, Conduct and Scrutiny) (Scotland) Bill, will put the service in a strong position.

“I support this legislation and hope that it progresses through the parliamentary process to allow for the changes needed to assure the public.”

Mr Naylor went on to praise Police Scotland’s “exceptional workforce”, who he said were committed to protecting the vulnerable, supporting victims of crime and helping keep people safe.

He said HMICS had also been working closely with Audit Scotland to ensure best value in policing, and that he agreed significant reform is needed to protect services over the long term.

Mr Naylor added while budgetary challenges would play a role in any future redesign of Police Scotland, improved integration of services across the public sector was key.

He said: “The need for a further reform of policing is widely acknowledged, but this must focus on defining the organisation that the future public of Scotland will need and can afford.

“This includes ensuring that wider systems are joined up and that responsibility for service delivery is apportioned fairly to relevant expertise across the public sector, since failing to deliver reform in other services defeats the benefits delivered by Police Scotland.

“Police Scotland has been on a reform journey for the past 11 years and – while there remain opportunities to redesign the organisation to meet future budgetary challenges – I am clear that such reform cannot simply be a further reduction of capability within policing.”

The Scottish Government has been approached for comment.