Police (Ethics, Conduct and Scrutiny) (Scotland) Act 2025

Prospective

17 Investigations involving constables from outwith Scotland S

(1) The 2006 Act is amended as follows.

(2) After section 41F, insert—

“Investigations in relation to constables not serving with the Police Service S

41G Investigations into matters involving constables of forces other than the Police Service

(1) This section applies in relation to an individual who—

(a) is a member of—

(i) a police force maintained under section 2 of the Police Act 1996,

(ii) the metropolitan police force,

(iii) the City of London police force, or

(iv) the Police Service of Northern Ireland, and

(b) is not engaged on temporary service with the Police Service of Scotland in accordance with section 16 of the Police and Fire Reform (Scotland) Act 2012.

(2) The Commissioner must, where directed to do so by the appropriate prosecutor, investigate—

(a) any circumstances in which there is an indication that the individual may have committed an offence in Scotland whilst acting in the execution of the individual’s duties,

(b) on behalf of the relevant procurator fiscal, the circumstances of any death involving the individual whilst acting in the execution of the individual’s duties, which that procurator fiscal is required to investigate under section 1 of the Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016.

(3) Section 41A (investigations under supervision of Lord Advocate or procurator fiscal) applies to an investigation in pursuance of a direction issued under—

(a) subsection (2)(a) as it applies to an investigation in pursuance of a direction issued under section 33A(b)(i),

(b) subsection (2)(b) as it applies to an investigation in pursuance of a direction issued under section 33A(b)(ii).

(4) The Commissioner must, where requested to do so by the appropriate chief constable or officer, investigate and report on a serious incident involving the individual which occurred in Scotland.

(5) Subsection (4) is subject to any provision made in regulations under section 41H(1) (investigations under section 41G(4): procedure and reporting).

(6) For the purposes of subsection (4)—

(a) a serious incident is a circumstance as described in section 41B(1) (serious incidents involving the police) which, instead of involving a person serving with the police, involved the individual acting in the execution of the individual’s duties, other than a matter—

(i) which is being investigated by the Commissioner in pursuance of subsection (2)(a) or in respect of which criminal proceedings have been brought following such an investigation by the Commissioner, or

(ii) which is being or has been investigated by the Commissioner in pursuance of subsection (2)(b) or by any other person under section 1 of the Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016,

(b) the appropriate chief constable or officer is—

(i) the chief constable of the Police Service, where the individual was acting in the course of the duties mentioned in subsection (7)(b),

(ii) otherwise, the chief officer or, as the case may be, the chief constable of the police force of which the individual is a member.

(7) In this section, a reference to an individual’s duties—

(a) is a reference to the individual’s duties as a member of the police force of which the individual is a member,

(b) includes a reference to the duties of an individual acting under the direction and control of the chief constable of the Police Service by virtue of section 98 of the Police Act 1996 (cross-border aid of one police force by another).

41H Investigations under section 41G(4): procedure and reporting

(1) The Scottish Ministers may by regulations make such provision about investigations by the Commissioner in pursuance of section 41G(4) (investigations into matters involving constables of forces other than the Police Service) as they consider appropriate.

(2) Regulations may, in particular, make provision—

(a) about the circumstances in which the Commissioner—

(i) must not or need not carry out an investigation, or

(ii) may discontinue an investigation,

(b) about the form and procedure of an investigation,

(c) imposing restrictions on the extent of any investigation,

(d) setting time limits within which matters must be investigated,

(e) requiring persons to assist and co-operate with the Commissioner when carrying out an investigation (by providing evidence, attending hearings or otherwise), and

(f) for the delegation of functions to the Commissioner.

(3) Before making regulations under subsection (1), the Scottish Ministers must consult—

(a) the Commissioner,

(b) the chief constable,

(c) such persons as appear to them to be representative of senior officers,

(d) such persons as appear to them to be representative of superintendents (including chief superintendents),

(e) the joint central committee of the Police Federation for Scotland,

(f) the Secretary of State,

(g) the chief constable of the Police Service of Northern Ireland, and

(h) such other persons as they think appropriate.

(4) The Commissioner must prepare a report of each investigation carried out in pursuance of section 41G(4).

(5) The Commissioner must—

(a) provide a copy of a report prepared under subsection (4) to—

(i) the person who requested the investigation, and

(ii) any other person whom the Commissioner considers appropriate, and

(b) if the Commissioner considers it appropriate to do so, publish the report in such manner as the Commissioner considers appropriate.

(6) A report must not—

(a) mention the name of any person, or

(b) contain any particulars which, in the Commissioner’s opinion, are likely to identify any person and can be omitted without impairing the effectiveness of the report,

unless the Commissioner determines that it is necessary to do so (having taken into account the public interest).”.

(3) In section 33A (general functions of the Commissioner)—

(a) the word “and” following paragraph (c) is repealed,

(b) after paragraph (d), insert—

“(e) to carry out investigations in relation to constables of police forces other than the Police Service where directed or requested to do so under section 41G;”.

(4) In section 46 (disclosure of information by and to the Commissioner), in subsection (6), after “33A” insert “or section 41G(2)”.

(5) In section 46A (protection from actions for defamation), in subsection (1)—

(a) in paragraph (a)(i), for “or (d)” substitute “, (d) or (e)”,

(b) in paragraph (b), for “or (d)” substitute “, (d) or (e)”.

(6) In section 103 (subordinate legislation), in subsection (4)(a), after “41D(1)” insert “or 41H(1)”.

Commencement Information

I1 S. 17 not in force at Royal Assent, see s. 22(2)