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| Investigating a Complaint | |||||||||||||||||||||||
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The Deputy Chief Constable has responsibility for the investigation of all complaints but will delegate this responsibility to senior officers of at least Inspector rank. Normally a senior officer from your local area will visit or telephone to explain the complaints procedure and to give you the opportunity to discuss your complaint. When relevant, the senior officer will try to explain why a certain course of action was taken if it appears to him/her that the action taken by the member of staff concerned was reasonable in the circumstances. Experience has shown that many people are unaware of the extent of police functions and responsibilities or of the reasons why certain actions are necessary. Sometimes an explanation from a senior officer can help. If you are satisfied with the explanation given, your complaint will be concluded at that point. You may be asked to sign a notebook or document confirming that you are happy for this to happen. A record will be maintained of what has taken place and you will receive written notification of the outcome determined. 
If you are still dissatisfied after any explanation has been offered to you the senior officer will interview you and note a statement
from you which you will be asked to sign. This statement will inform the basis of any further investigation in relation to your complaint.
Any allegation that infers criminal conduct on the part of any member of Tayside Police staff can not be resolved by explanation and must be reported to the Area Procurator Fiscal for his consideration. How will my complaint be dealt with? The person dealing with your complaint will talk to
For complaints alleging misconduct this will be the Head of Professional Standards who reports directly to the Deputy Chief Constable. At this stage, for complaints alleging misconduct, the Deputy Chief Constable or Head of Professional Standards Department can
Who will deal with my complaint? If matters are not concluded as described above, your complaint may be considered by a senior member of the police force concerned. In cases of alleged misconduct, an investigation will be conducted by a senior police officer unconnected with your case. The Investigating Officer appointed by the Deputy Chief Constable (DCC) to investigate your complaint will report the findings to the DCC who has a range of options open to him under the terms of the Police (Conduct) (Scotland) Regulations 1996. This may mean that the officer is made aware of your concerns and can be counselled, warned, given corrective advice or instructed to attend at a Misconduct Hearing. A Misconduct Hearing is chaired by a senior officer of the rank of Chief Superintendent who is unconnected with the officer subject of the complaint. Dependent on the outcome of the Misconduct Hearing the officer can be counselled, warned, fined, reduced in rank, required to resign or dismissed if a finding of guilt is reached. If the chairperson decides the allegation is not substantiated that concludes the investigation. Similar arrangements are in place to deal with allegations of misconduct in respect of members of police staff. Whatever the outcome you will be advised in writing as to the outcome and how that decision was reached. If your complaint alleges criminal conduct on the part of an officer as previously outlined the circumstances must be reported to the Area Procurator Fiscal who may instruct that further enquiry be carried out by the police. This investigation will normally be undertaken by an Investigating Officer from Professional Standards Department. Any decision as to whether or not an officer will be prosecuted rests entirely with the Crown office and Procurator Fiscal Service. If the Area Procurator Fiscal decides not to prosecute, the Deputy Chief Constable will consider whether or not the circumstances infer misconduct on the part of the officer and if so, institute formal misconduct proceedings against the officer or deal with the matter by other means. If the Area Procurator Fiscal decides to prosecute, criminal proceedings will normally be concluded before misconduct proceedings are considered. At various stages of the procedure, the Force will update the person who lodged the complaint as to how the case is progressing. The person will also be informed if the force has taken disciplinary action or does not consider such action is required. Malicious Complaints Anyone who knowingly makes a false complaint about a member of a police force or police organisation may be prosecuted by the Procurator Fiscal (and may be liable to civil action by the person complained about). |
