Police officers in Scotland need to be supported, rather than being subject to even more misconduct legislation, the President of The Association of Scottish Police Superintendents has said following his attendance at the National Police Memorial Day.
Ch Supt Rob Hay said he was “surprised” that the HM Inspector of Constabulary in Scotland, Craig Naylor, was calling for the introduction of a new offence in Scotland of ‘misconduct in a public office’ to apply to police officers.
This call came in the same week that the 21st National Police Memorial Day was held in Glasgow. Rob said: “National Police Memorial Day is both a solemn and uplifting occasion, where the service across the UK unites to recognise those officers who have made the ultimate sacrifice they served, and to show appreciation for the men and women who serve today.”
He added that this year was particularly poignant, as it was the 30th anniversary of the death of PC Lewis Fulton, stabbed and killed on duty in the Gorbals.
Rob said: “There is currently a clamour around police conduct and people would be forgiven for thinking wrongdoing is commonplace and not, in fact, a rare occurrence in a service characterised by women and men who show exemplary courage and conduct, often in the face of impossible outcomes.”
The ‘misconduct in a public office’ offence mirrors current legislation in England and Wales, but Rob said that Police Scotland already had ample means at its disposal to dispense with corrupt officers.
Officers faced with criminal allegations face proceedings under the Police Conduct Regulations, and even if they are acquitted of any crime they can still be dismissed, because the Regulations set the bar at a lower level, that of “balance of probabilities”. Officers refer to this as “two bites of the cherry”.
In addition, the Police (Ethics, Conduct and Scrutiny) (Scotland) Bill that is currently making its way through the Scottish Parliament will add a “third bite of the cherry” by allowing the force to dismiss officers who fail vetting standards for misconduct, even where that misconduct in and of itself is not so severe as to merit dismissal.
Rob added that “arguably, this may all be right and proper, as it is in not just the public interest but that of the service, to root out officers that cause harm, dishonour the uniform, and damage public trust in policing”.
But he said it was hard to see the necessity of adding a “fourth bite of the cherry” with the creation of the new offence. He wrote: “I cannot think of any circumstances where an officer has escaped sanction due to the absence of this offence in Scotland.”
Rob suggested that, instead of creating new offences, the Government should invest in and support police officers in Scotland, who are “overwhelmingly decent, hard-working people, who strive to deliver the best possible service against an increasingly challenging backdrop”.