Section one Context
Police custody
While there have been no relevant
legislative developments, there have been
a number of changes in policy and practice
in policing, and developments in two public
inquiries into deaths in police custody.
Reviews into police custody in Scotland
The Scottish Government consulted on
new Strategic Police Priorities, which were
published in December 2019. They reflect
key NPM principles including equality and
human rights to support positive criminal
justice outcomes, being ethical, open and
transparent and working collaboratively with
partners to improve outcomes for individuals
and the vulnerable.99 In October 2019,
a three-month consultation commenced on
the Letter of Rights provided to suspects
and accused persons held in police custody.
Although the analysis of consultation
responses has not yet been published,
the government has indicated that it plans
to revise the Letter.100
The Independent Review of Complaints
Handling, Investigations and Misconduct
Issues in relation to Policing submitted its
preliminary report to the Scottish Parliament
in June 2019. The review, by Dame Elish
Angiolini QC, who previously conducted
a review looking at similar systems in
England and Wales, made 30 immediate
recommendations including to the Police
Investigations and Review Commissioner
(PIRC), Police Scotland, Scottish Police
Authority (SPA) and the Crown Office and
Procurator Fiscal Service. She reported
evidence that ‘the current arrangements
for handling complaints about the police
are overly complex, lack clarity and can be
open to a range of different interpretations’.
She recommended that PIRC, which
investigates complaints and deaths in
custody, should adopt a similar policy to
its equivalent in England and Wales by
recruiting non‑police officers to the most
senior posts. Following serious incidents,
she recommended that officers of Police
Scotland give every assistance, and that the
current assumption of cooperation between
key agencies should be strengthened and
put into primary legislation. The final report
was published on 11 November 2020.101
Reviews into police custody in
Northern Ireland
The Police Service of Northern Ireland
is implementing a Custody Pathfinder
Programme for custody health care.
The programme will shift health care in
police custody towards a principally nurseled service, with specially trained custody
nurse practitioners working as part of the
custody team, and mental health nurses
also being recruited. The aim is to improve
the quality of the health care service and
outcomes for patients in custody and reduce
emergency department visits. Prior to this,
custody health care had been physicianled and was delivered by forensic medical
officers only, who will remain in place on
Scottish Government, December 2019, Review of Strategic Police Priorities: Consultation, https://consult.gov.scot/safercommunities/review-of-strategic-police-priorities/ [accessed 31/08/2020]
100 Scottish Government, October 2019, Letter of rights: consultation, https://www.gov.scot/publications/consultation-letterrights-scotland/ [accessed 31/08/2020]
101 Dame Elish Angiolini QC, June 2019, Independent review of complaints handling, investigations and misconduct issues
in relation to policing: preliminary report, https://www.gov.scot/publications/preliminary-report-independent-reviewcomplaints-handling-investigations-misconduct-issues-relation-policing/pages/19/ [accessed 31/08/2020]; Dame
Elish Angiolini QC, November 2020, Independent Review of Complaints Handling, Investigations and Misconduct
Issues in Relation to Policing: Final report, https://www.gov.scot/binaries/content/documents/govscot/publications/
independent-report/2020/11/independent-review-complaints-handling-investigations-misconduct-issues-relationpolicing/documents/independent-review-complaints-handling-investigations-misconduct-issues-relation-policingfinal-report/independent-review-complaints-handling-investigations-misconduct-issues-relation-policing-final-report/
govscot%3Adocument/independent-review-complaints-handling-investigations-misconduct-issues-relation-policing-finalreport.pdf?forceDownload=true [accessed 01/12/2020]
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