By Tony O’Reilly-
Scotland’s new Cabinet Secretary for Justice and Home Affairs, Angela Constance(pictured) has announced new legislation aims to prevent officers resigning during misconduct proceedings to avoid disciplinary proceedings under proposed new laws in Scotland.
The former social worker who was once a spokesperson for children’s services and lifelong learning proudly announced the initiative aimed at ensuring accountability in the Scottish Police force .
Once a Minister for Higher Education and Further Education, Youth Employment and Training, Constance is known to be a strong principled character determined to set high standards in the police force.
The Scottish government’s Police (Ethics, Conduct and Scrutiny) (Scotland) Bill has now been introduced to Parliament with the aim of ensuring allegations of misconduct are dealt with more transparently and effectively.
It also aims to strengthen public confidence in standards of police conduct.
The legislation is expected to bolster public confidence in the justice system and also promote a culture of accountability within law enforcement agencies, where officers are held responsible for their actions, further enhancing public trust.
It is hoped the new legislation can act as a deterrent and prevent officers from engaging in misconduct in the first place.
One Scottish Parliamentarian told The Eye Of Media.Com: ” This is a positive step in the right direction.
”The knowledge that resigning will not shield offending officers from potential consequences can dissuade them from engaging in inappropriate behaviour. in the first place.
”The fear of tarnishing their professional reputation and the possibility of losing their livelihood can serve as powerful deterrents, reducing the incidence of misconduct within police departments. This, in turn, helps create a more professional and ethical law enforcement environment.
”Instances of police misconduct can erode public trust and confidence in law enforcement agencies. By preventing officers from resigning during misconduct investigations, new legislation can contribute to rebuilding public trust. It demonstrates that the system is committed to thorough investigations and holding officers accountable, ensuring that the actions of a few do not tarnish the reputation of the entire police force.
”The proposed legislation also signifies the government’s dedication to transparency and fairness, reassuring the public that no one is above the law.
Several misconduct investigations in England have been undermined by officers resigning before the completions of the internal inquiries. This often compromises the integrity of those investigations despite the fact those found guilty are prevented from ever working in the force again.
It is hoped legislation can contribute to a more transparent and accountable law enforcement system. By ensuring that officers face appropriate consequences for their actions, the legislation promotes justice and helps build a safer and more equitable society.
If passed by MSPs, the legislation would also see the outcomes of misconduct hearings published online and stop officers guilty of gross misconduct from being re-employed in policing by placing them on barred lists.
Officers facing an allegation of misconduct will be put on an advisory list to ensures they can no longer resign to avoid being held to account for gross misconduct allegations.
The new arrangements will be underpinned by placing the code of ethics, which sets out expectations of behaviour, in statute.
To oversee these standards, the role of the independent Police Investigations and Review Commissioner (PIRC) will be significantly enhanced.
The Scottish government said the Bill will deliver the majority of the remaining legislative recommendations made by former Lord Advocate, Dame Elish Angiolini, in her independent review into how police complaints and allegations of misconduct should be handled.
Figures published earlier this year after a Freedom of Information request by BBC Newsnight revealed 47 officers in Scotland had resigned or retired during misconduct proceedings against them since 2019, while there were 332 allegations of gross misconduct and 1,182 misconduct complaints.
Angela Constance said: “Scotland is well served by the exceptional dedication and commitment of Scotland’s police officers and the work they do every day to keep communities safe.
“However, if things go wrong, the police must be held to account and improvements made. The principle of policing by consent, so central to our justice system, is built on this accountability. It is also in the interests of both the public and of the policing family.
“This Bill, if passed, will help strengthen public confidence for example by ensuring officers can no longer resign to avoid being held to account for gross misconduct allegations against them.
“The vital safeguards set out in this legislation will enhance the professional service already delivered by officers, as they perform their privileged duties to keep us all safe.”
In England and Wales, the Policing and Crime Act 2017 extends the disciplinary system to former officers, so the proceedings continue even if the officer leaves their post.
However, there have been calls for stricter disciplinary measures against officers who resign during disciplinary measures particularly in matters of hate crime like homophobic or racist incidences where offenders have routinely escaped statutory punitive measures.
The Scottish government says its Police (Ethics, Conduct and Scrutiny) (Scotland) Bill builds on the “significant non-legislative improvements” already implemented by policing partners.
A review was commissioned in 2018, five years after the creation of Police Scotland, the Scottish Police Authority and the PIRC, to look at how the structures and processes for complaints handling, investigations and misconduct issues were developing around the unified police service, which marked its tenth anniversary in April this year.
The review sought to bring greater fairness, transparency, accountability, and proportionality to the police complaints process, while protecting the human rights of everyone involved.