Policing the Communities of the Highlands and Islands

Complaints and Letters of Appreciation

Northern Constabulary Professional Standards and Conduct Unit is committed to ensuring integrity and professional standards are given the highest priority. It is essential that complaints about the Police be investigated thoroughly, fairly, impartially and objectively.

However, we also look closely at any lessons that can be learned, not only by individual members of staff but also by Northern Constabulary as an organisation. In many cases procedures are amended or introduced, policies are reviewed and training needs can also be identified.

Photo of Northern Constabulary Headquarters Building Logo

Complaints about the Police should be balanced against the numerous letters of appreciation received in respect of all the good work carried out by officers and Police staff throughout the Force.

Letters of appreciation can be sent to any Police station or e-mailed using the following address: pscu@northern.pnn.police.uk

The Professional Standards and Conduct Unit, based at Force Headquarters in Inverness, is directly responsible to the Deputy Chief Constable for the administration and investigation of reports, allegations or complaints made about officers of the Force.

Northern Constabulary will strive to deal with all complaints about the Police in a fair and proper manner and resolve them to the satisfaction of all concerned; however, we acknowledge that this may not always be achieved.

Categories

Complaints are split into three categories: Criminality, Misconduct and Quality of Service.

Criminality

A complaint may contain an allegation that an officer has committed a criminal offence. In all such cases, the Deputy Chief Constable will refer the complaint to the Area Procurator Fiscal for consideration. We aim to make this initial referral within 14 days of receipt of such a complaint.

The Area Procurator Fiscal is entirely independent of the Police and this provides a necessary element of objectivity and impartiality. The decision on whether or not to prosecute a Police officer rests entirely with the Area Procurator Fiscal and Crown Office.

Misconduct

Northern Constabulary aims to achieve the highest possible standards in policing. However, on occasion that performance may fall short of the high expectations of both the Force and the public.

When an officer's conduct falls short of those expectations but not in a manner that may constitute a crime, the Deputy Chief Constable may deal with the matter. Police misconduct proceedings are governed by regulations and the Deputy Chief Constable has a number of measures available to him. In the more minor of cases, these include no action, advice or counselling or a formal disciplinary warning. In cases of more serious misconduct, a formal misconduct hearing may be instructed. Chaired by a senior Police officer, the hearing may impose a number of measures up to and including dismissal of an officer from the Police service.

Quality of Service

On occasion, members of the public take issue with the manner in which Northern Constabulary as an organisation has performed. These complaints tend to be about the general standard of service that has been delivered rather than about the actions or omissions of specific individuals. These complaints should not be confused with the normal reporting of incidents or crimes that occur, nor should they be confused with the routine raising of Police-related issues with Northern Constabulary.

How do I make a complaint?

If you think an officer has behaved inappropriately, has committed an offence or you wish to complain about the standard of service you have received you can raise the issue by any of the following means:

Separate arrangements are in place should you wish to register a complaint regarding the actions or conduct of either the Chief Constable or the Deputy Chief Constable. Such complaints must be referred to the Northern Joint Police Board for consideration and any necessary investigation. The Force will forward these complaints on receipt or you may refer such a complaint directly to the Clerk to the Northern Joint Police Board.

The Scottish Government have also provided a guidance leaflet which contains general information for people who may wish to make a complaint about the Police in Scotland.

What information should I give?

  • Describe what happened in as much detail as possible
  • Give the name or shoulder number of the officer(s) concerned - if you know these details
  • Say where and when the incident took place
  • Provide names and addresses of any witnesses (if you have them)
  • State what aspect of Police action you were dissatisfied with and what you expect as an outcome from your complaint.

What happens then?

  • The Deputy Chief Constable has responsibility for oversight of all complaints
  • Your complaint will be acknowledged by letter
  • You will normally be contacted by a senior officer who will give you the opportunity to discuss your complaint. A statement may be obtained from you
  • Whenever possible, the senior officer will explain why the relevant officer took a certain course of action, what the officer's duties were, the range of powers available to the Police and in what circumstances the officer acted
  • Experience has shown that an explanation by a senior officer may help clarify the Police action taken and resolve the matter
  • If you are satisfied with the explanation given by the senior officer, your complaint will proceed no further
  • Any allegation of criminal conduct will not be the subject of an attempted informal resolution of this nature and as such must be reported to the Area Procurator Fiscal. This referral should take place within 14 days of receiving the complaint

Who will investigate my complaint?

  • If your complaint is not resolved informally, a senior Police officer, known as an Investigating Officer, will investigate it. This officer must have had no prior involvement with your case and will be of at least Inspector rank

How will my complaint be investigated?

The Investigating Officer will:

  • Speak to you
  • Speak to any witnesses
  • Speak to the officers you have complained about
  • Gather other evidence such as documents, etc

The Investigating Officer will thereafter submit a report to the Deputy Chief Constable. At this stage the Deputy Chief Constable can:

  • Decide, after considering the Investigating Officer's report, that no formal action is needed, or deal with the officer(s) under the Police misconduct procedures, or
  • If it appears that the officer(s) may have broken the law, refer the complaint to the Area Procurator Fiscal

At this stage, the Deputy Chief Constable will consider any learning points identified from the investigation and will ensure that measures are taken to put service improvements in place.

Criminal Proceedings

On receipt of a report from the Police the Area Procurator Fiscal will:

  • Commence an investigation
  • Check the evidence
  • Have someone from the Area Procurator Fiscal Service contact you

After looking into the case the Area Procurator Fiscal will decide whether or not to report the matter to the Crown Office.

What happens if a case is reported to the Crown?

The Crown Office will consider the case and will decide whether or not to prosecute. The Area Procurator Fiscal's office will notify you of the Crown Office decision.

Police officers who are accused of a crime have the same rights under the law as any other person and must be treated in the same way. If the case goes to court, you and any other witnesses may have to attend court to give evidence.

What happens if a case is not reported to the Crown?

If the case is not reported to the Crown Office that means that no criminal proceedings will be taken. The Area Procurator Fiscal will notify you that there are to be no criminal proceedings. The Area Procurator Fiscal will also refer the matter back to the Deputy Chief Constable and it is for him to decide whether misconduct proceedings should be taken in respect of the officer(s).

Police Misconduct Proceedings

The Police officer(s) complained about may not have committed a criminal offence but may have behaved in a manner considered inappropriate for a Police officer.

In these circumstances, the Deputy Chief Constable will consider whether to instigate formal misconduct proceedings against the relevant officer(s) or to deal with the breach of conduct by means of counselling.

Should a decision be taken to have the officer(s) appear at a Misconduct Hearing, which is a formal disciplinary hearing chaired by a senior officer, the evidence will be heard by the Chairperson who will reach a decision based on the evidence available.

If the Chairperson makes a finding that an act or omission of the officer amounts to misconduct, he/she will impose a penalty from the range of penalties available.

How will I know what the outcome is?

Once all investigations are concluded, regardless of criminal or misconduct proceedings, The Force will write to you explaining the conclusions it has reached, the reasoning behind these conclusions and any further action taken.

How do I make a complaint about a senior Police officer

If you wish to make a complaint about the conduct of an Assistant Chief Constable, Deputy Chief Constable or Chief Constable, you should contact the Northern Joint Police Board at the following address:
Clerks Office
Northern Joint Police Board
Council Headquarters
Glenurquhart Road
Inverness IV3 5NX

What do I do if I am not satisfied with the way the Police handled my complaint?

If you are dissatisfied with the manner in which a force or Police organisation in Scotland has dealt with your complaint, you may refer that complaint to the Police Complaints Commissioner for Scotland (PCCS).

Police Complaints Commissioner for Scotland
PO BOX 26300
Hamilton
ML3 3AR
Freephone 0808 178 5577
enquiries@pcc-scotland.org
www.pcc-scotland.org

The role of the Commissioner is to review the manner in which a Police force handled that complaint. Depending on the outcome of this review, the Commissioner may require a reconsideration of the case and give direction as to how that reconsideration is conducted.

The PCCS will only commence review of the handling of a complaint once the relevant Police force has concluded its own complaint investigation. You are therefore required to contact the Police force in the first instance to allow the Force the opportunity to fully investigate your complaint and respond to you.

The Commisioner, however, cannot consider any allegation that infers a criminal act as that remains a matter for the Crown Office and Procurator Fiscal Service.

A guide for the public on the role of the PCCS is available in PDF format.