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.

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 can be split into two categories: Misconduct or Criminality

Misconduct

Northern Constabulary aims to achieve the highest possible standards in policing, although on occasion that performance may fall short of that which is expected or acceptable - both by the Force and the public.

When an officer's behaviour falls short of those expectations but does not necessarily constitute criminal behaviour, the Deputy Chief Constable may deal with the matter.

He has a host of measures available to him including taking no proceedings, counselling/corrective advice, or the administering of an official warning. However, he may instruct that a Misconduct Hearing be held, chaired by an independent senior officer.

Upon hearing the evidence, the chair of the Hearing may dismiss the case through lack of evidence, administer a warning, impose a fine, reduce an officer in rank, require an officer to resign from the Service or dismiss the officer from the Service.

Criminality

When an officer is alleged to have committed a crime, then the Deputy Chief Constable will refer the complaint to the Area Procurator Fiscal. The Area Procurator Fiscal is entirely independent of the Police and provides a necessary element of independence and impartiality to the process. The decision on whether or not to prosecute a Police officer rests entirely with the Area Procurator Fiscal and/or Crown Office.

How do I make a complaint?

If you think a Police officer has behaved inappropriately on duty or has committed an offence you can do any of the following:

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 should I say?

  • 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 is an outcome from your complaint.

What happens then?

  • The Deputy Chief Constable has responsibility for progressing 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
  • 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
  • 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

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

Wherever action is taken, you will be notified in writing

The Area Procurator Fiscal

The Procurator Fiscal Service is entirely independent of the Police and investigates allegations of criminal conduct in the public interest. Where the complaint alleges that an officer ON DUTY has committed a crime this will be investigated by the Area Procurator Fiscal. The Area Procurator Fiscal may then deal with the matter personally or may delegate the investigation to an experienced deputy to act on his/her behalf and report to him/her.

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 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 Chairman who will reach a decision based on the evidence available.

If the Chairman 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.

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.

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.