PCC worried about 'systematic failures' in Scottish police force

Published on Saturday 29 November 2008 18:52

THE Police Complaints Commissioner has voiced fears that there could be a "potentially serious systemic failure" within a Scottish force that would damage the delivery of justice.

Jim Martin hit out after investigating a number of complaints about the way Lothian and Borders Police investigated two incidents.

He said Lothian and Borders Police had filtered the information it passed on to the Procurator Fiscal. He added that officers up to Deputy Chief Constable Tom Halpin appeared to be of the view this practice was acceptable.

The commissioner upheld a man's complaint that the incidents had not been reported accurately to the Procurator Fiscal, and another, that all of the statements taken were not included or accurately reported.

Martin said these two complaints, about the accurate reporting of information by the force to the Procurator Fiscal, were of "particular concern".

He continued: "In two complaints about Lothian and Borders Police I am concerned that information which could have a bearing on a criminal case was not passed on to the Procurator Fiscal."

He added that "a number of officers, of varying ranks, within Lothian and Borders Police, up to Deputy Chief Constable, appeared to believe it was acceptable to submit only evidence that could be proved and was corroborated".

Martin said that by "applying such a filter to the information provided" guidelines set out by the Crown Office, Procurator Fiscal Service and the Association of Chief Police Officers in Scotland regarding the need for completeness, accuracy and reliability had "gone unheeded".

"Taking all factors into account, including the possibility that this might represent a number of coincidental errors, I believe these complaints raise issues that may be indicative of a potentially serious systematic failure," he concluded.

The commissioner has now made a recommendation that "Lothian and Borders Police satisfies itself that it is following the relevant guidelines relating to the reporting of information to the Procurator Fiscal".

Martin added: "I have also drawn attention to the general issues arising, along with the specifics of this case, to the attention of the Crown."

A spokeswoman for the police force said: "Lothian and Borders Police notes the content of the commissioner's report and we will consider its findings, as well as any requirement for further investigation."