New laws will risk lives, warn police chiefs

SENIOR police officers fear they will no longer be able to arrest people for their own safety under proposed new laws.
Graeme Pearson attacked the SNPs planned police changes. Picture: David MoirGraeme Pearson attacked the SNPs planned police changes. Picture: David Moir
Graeme Pearson attacked the SNPs planned police changes. Picture: David Moir

The Association of Scottish Police Superintendents (Asps) warned the Scottish Government’s plans to repeal common- law arrests may put lives at risk.

Proposed changes under the Criminal Justice (Scotland) Bill will mean anyone arrested will have to be taken to a police station and investigated for a crime, Asps said.

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At present, officers often arrest someone who is acting recklessly and putting themselves or others at risk, give them an opportunity to calm down, warn them about their behaviour and send them on their way.

Asps fears that option will be taken away by the Criminal Justice (Scotland) Act, leaving police with a hard choice of criminalising someone under laws such as breach of the peace, or not intervening at all.

Chief Superintendent Craig Suttie, of Asps, said: “The fear with the new legislation is we’re becoming too focused on judicial outcomes.

“For example, at the moment, if someone is walking in the middle of the street, you could say that’s a breach of the peace. But you also might say they are just being stupid so get them in the back of the car, warn them and send them on their way.”

Asked whether lives could be put at risk, he added: “It’s difficult to say. My experience is that the more confident police officers are to make an early intervention, the more likely is a successful outcome.

“[Officers] should not be hamstrung by legislation and not be concerned that they may be putting their own career at risk by doing the right thing.”

Police Scotland is submitting its own response to the Scottish Parliament, and would not be drawn on the rights or wrongs of the proposed bill.

However, the Scottish Government’s political opponents warned ministers against interfering in policing.

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Graeme Pearson MSP, Scottish Labour’s justice spokesman, said: “Policing in Scotland has always relied on common-sense solutions.

“If, as the superintendents say, the government proposals will prevent officers taking reasonable steps to protect the public, that would be a concern.”

Annabel Goldie MSP, former leader of the Scottish Conservatives, added: “The Scottish Government has an irresistible desire to meddle with what already works. There is a very real argument as to whether many of these proposed changes are needed at all.”

However, a Scottish Government defended the proposed changes.

She said: “The Criminal Justice Bill will repeal the common-law power of arrest and replace it with a new statutory power. As such, the police will continue to have powers of arrest for criminal activity.”