Report - Police Scotland - Police Investigations & Review
Transcription
Report - Police Scotland - Police Investigations & Review
00419/14 | April 2015 Report of a Complaint Handling Review in relation to Police Scotland independent and effective investigations and reviews independent and effective investigations and reviews 00419/14 | April 2015 Index 1. Role of the PIRC 2. Key findings 3. Background 4. The Review 5. Conclusions Page | 1 00419/14 | April 2015 1. Role of PIRC Sections 34 and 35 of the Police, Public Order and Criminal Justice (Scotland) Act 2006 (“the Act”) provides that the Police Investigations and Review Commissioner (“the PIRC”) may examine the manner in which particular kinds of complaints are dealt with by Police Scotland and the Scottish Police Authority. Through agreements with UK police bodies operating in Scotland, the PIRC may also examine the manner in which these bodies deal with complaints. The PIRC cannot deal with complaints of criminal behaviour against police officers or police staff, or complaints made by persons serving, or who have served with the police, about the terms and conditions of their service. In performing this review function, the PIRC obtains information from the police body which dealt with the complaint. This information is considered together with information provided by the person who made the complaint (“the applicant”). An assessment is then made as to whether in all the circumstances the complaint was dealt with to a reasonable standard. Among the factors taken into account when making this assessment are the following: 2. whether sufficient enquiries into the complaint have been carried out by the policing body; whether the policing body’s response to the complaint is supported by all material information available; whether in dealing with the complaint the policing body has adhered to all relevant policies, procedures and legal provisions; whether the policing body’s response to the complaint is adequately reasoned; and where the complaint has resulted in the policing body identifying measures necessary to improve its service, whether these measures are adequate and have been implemented. Key findings The complaints in this case arose from the applicant’s detention by police on a number of occasions. Of the four complaints considered, all were found to have been dealt with to a reasonable standard. No recommendations were made in this connection. Page | 2 00419/14 | April 2015 3. Background In 2013, the applicant was taken into police custody on four occasions (23 May, 23 June, 23 August and 16 September). Three of these occasions followed the applicant being charged with offences and one followed the applicant being detained under section 297 of the Mental Health (Care and Treatment) (Scotland) Act 2003. On 29 August 2014, the applicant complained that on each of these occasions the police had failed to inform a solicitor or her next of kin that she had been detained. Enquiry into the applicant’s complaint was carried out by Inspector K and on 15 December 2014 Chief Inspector L responded in writing to the applicant. 4. The Review Complaint 1: Failure to notify solicitor or next of kin of detention on 23 May 2013 Police Handling of Complaint 1 The response to the applicant stated: “Following investigation into this allegation, records indicate that when you were brought into Police custody you were asked if you wished for intimation to be sent to a solicitor and a reasonably named person. You asked for the duty solicitor to be contacted and a message was left with the Public Defence Solicitors Office, [address]. You also asked for [Mr M] to be informed … the intimations that you asked were completed fully. I am satisfied that on this occasion officers carried out their duties and I do not uphold the allegation.” Consideration of Complaint 1 A copy of the applicant’s custody record (which is a contemporaneous record of what takes place during a person’s time in custody) was obtained as part of the investigation into her complaint. The record shows that a duty solicitor was contacted and Mr M was named by the applicant and contacted as her reasonably named person. Statements were also provided by officers who were present when the applicant was processed into custody, all of whom speak to the applicant naming Mr M as her father and thereafter being contacted. As the response to this complaint is supported by the available evidence, it is considered that this complaint was dealt with to a reasonable standard. Page | 3 00419/14 | April 2015 Complaint 2: Failure to notify solicitor or next of kin of detention on 23 June 2013 Police Handling of Complaint 2 The response to the applicant stated: “On this occasion, officers found you in a public place and were concerned for your welfare. They enacted legislation under section 297 Mental Health (Care and Treatment) (Scotland) Act 2003 which provides a power to a Constable to remove a person in these circumstances and take them to a place of safety. You were taken to the [hospital] for assessment however due to intoxication, they were unable to assess you. In order to allow time for you to become sober, you were taken to [a police station] and held under the same act, pending assessment. A person held in a police station under this legislation does not have the right to have intimation sent to a solicitor to a reasonably named person as detailed in section 15 of the Criminal Procedure (Scotland) Act 1995. The officers acted within the law and I do not uphold this allegation.” Consideration of Complaint 2 Section 15 of the Criminal Procedure (Scotland) Act 1995 (“the 1995 Act”) provides that person arrested or detained under section 14 of the 1995 Act has the right to have a reasonably named person contacted. Section 15A(2) of the 1995 Act provides that a suspect detained under section 14 or who is arrested (but not charged) in connection with an offence has the right to have intimation sent to a solicitor of, among other things, the fact of the suspect’s detention or arrest and that the solicitor’s professional assistance is required. From the available information, the applicant was detained under the Mental Health (Care and Treatment) (Scotland) Act 2003. As the applicant was not detained as a suspect or arrested, her rights under the 1995 Act were not engaged. As the response to this complaint is supported by the available evidence, it is considered that this complaint was dealt with to a reasonable standard. Complaint 3: Failure to notify solicitor or next of kin of detention on 23 August 2013 Police Handling of Complaint 3 The response to the applicant stated: “On this occasion, when you first arrived at [the police station], officers found that you were too uncooperative and unruly and as such you were taken directly to a cell. The investigation reveals that you were not asked if you would like intimation sent to a solicitor and reasonably named person due to your demeanour at the time. Page | 4 00419/14 | April 2015 When this happens, custody staff should speak with the person in custody as soon as they are calm enough to engage and ask them if they wish intimation sent to a solicitor and reasonably named person. On this occasion, this was omitted and you were not asked. Whilst I note that you asked for [solicitor name] to be informed around 12 hours later and this was completed, there is no record to indicate that your rights in terms of section 15 Criminal Procedure (Scotland) Act 1995 were completed fully and accordingly I uphold your complaint. The officer concerned will be provided with corrective advice and their personal records updated. All staff have been reminded of their responsibility to ensure such rights are provided to avoid similar mistakes in the future. May I apologise that on this occasion, the Police Service of Scotland fell short of the required standard.” Consideration of Complaint 3 Statements were obtained from the officers who dealt with the applicant, from which it is clear the applicant was not informed of her right to have a solicitor or reasonably named person informed of her arrest. The response to the applicant advised her of this, informed her that the officer concerned would be provided with corrective advice and apologised to her. It is considered that this was an appropriate response to the applicant’s complaint and that, accordingly, this complaint was dealt with to a reasonable standard. Complaint 4: Failure to notify solicitor or next of kin of detention on 16 September 2013 Police Handling of Complaint 4 In his statement, the arresting officer (Constable J) advised that the applicant had asked for a named solicitors firm and the social work department to be informed of her arrest. According to Constable J, he contacted the solicitor and left a message informing of the applicant’s arrest and that he then informed a named individual within the social work department of the applicant’s arrest. The response to the applicant stated: “Following investigation into this allegation, records indicate that when you were brought into Police custody you were asked if you wished for intimation to be sent to a solicitor and a reasonably named person. You asked for [solicitor name, address] to be informed and for [social work department] to be informed. Both of these intimations were completed as you requested and accordingly I do not uphold the allegation.” Page | 5 00419/14 | April 2015 Consideration of Complaint 4 The custody record in respect of the applicant’s detention confirms that Constable J was nominated to contact the solicitor named by the applicant. Entries within Constable J’s notebook detail the names of the individuals contacted and the specific numbers called in this connection. From the information supplied, it is considered that the conclusion reached by the police is justified by the evidence. Accordingly, the complaint has been dealt with to a reasonable standard. 5. Conclusions Complaints 1-4 It is concluded that these complaints were dealt with to a reasonable standard. No further action is required in this connection. Catherine Cumming Review Officer Jamie McGrandles Head of Reviews Police Investigation & Review Commissioner Page | 6