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Where relevant, we publish our responses to Freedom of Information requests under the Freedom of Information (Scotland) Act 2002 (FOISA).

This response addressed the following query:

• “Of the criminal investigations that have been referred to you. You stated in 2022/22 there was 2 and in 2022/2023 there was 6. Out of these criminal investigations how many did you uphold?
• You stated there was no deaths in 2022/23 yet there are 6 criminal investigations from Kirkcaldy Police Station. Please advise the crime category of the 6 criminal complaints for 2022/2023?
• Out of all the criminal investigations from Kirkcaldy how many criminal actions per year that have been passed to  COPFS  and have proceeded to prosecution? Not just referred and then dropped by COPFS but actually proceeded to criminal prosecution through the courts.
• And of these prosecutions if any the have proceeded to court, how many actual convictions per year have been achieved for the criminal actions of serving police constables from Kirkcaldy Police Station?
• How many Scottish federation Sergeants have been involved in the 4 deaths in this jurisdiction? And how many federation sergeants have been involved in the actual incidents (6) for 2022/23?
• Please advise if Kirkcaldy Police Station have the highest record of deaths in custody since the death of Sheku Bayu?”

I have responded to each point of your request below.

• Of the criminal investigations that have been referred to you. You stated in 2022/22 there was 2 and in 2022/2023 there was 6. Out of these criminal investigations how many did you uphold?

PIRC do not uphold criminal investigations. As explained in earlier response the PIRC do not have discretionary powers not to undertake a criminal investigation. For any investigation where there may be sufficiency of evidence to indicate a crime has been committed, PIRC will report the matter to the Crown Office and Procurator Fiscal Service (COPFS).

• You stated there was no deaths in 2022/23 yet there are 6 criminal investigations from Kirkcaldy Police Station. Please advise the crime category of the 6 criminal complaints for 2022/2023?

Five allegations were categorised as non-sexual crimes of violence - common assault; one allegation was categorised as sexual crime - sexual assault.

• Out of all the criminal investigations from Kirkcaldy how many criminal actions per year that have been passed to  COPFS  and have proceeded to prosecution? Not just referred and then dropped by COPFS but actually proceeded to criminal prosecution through the courts.

Six cases were reported to COPFS. Decisions regarding whether cases proceed to prosecution rest with COPFS. PIRC do not routinely receive notification of cases proceeding to prosecution or not. Under Section 17 of FOISA I can confirm we do not hold information on the status of all six reported cases. This information may be available from COPFS. Details on how to submit a FOISA request to the COPFS can be found at https://www.copfs.gov.uk/contact/freedom-of-information-requests/.

• And of these prosecutions if any the have proceeded to court, how many actual convictions per year have been achieved for the criminal actions of serving police constables from Kirkcaldy Police Station?

Under Section 17 of FOISA I can confirm we do not hold this information. This information may be available from COPFS. Details on how to submit a FOISA request to the COPFS can be found at https://www.copfs.gov.uk/contact/freedom-of-information-requests/.

• How many Scottish federation Sergeants have been involved in the 4 deaths in this jurisdiction? And how many federation sergeants have been involved in the actual incidents (6) for 2022/23?

Under Section 17 of FOISA I can confirm we do not hold this information. This information may be available from Police Scotland. Details on how to submit a FOISA request to Police Scotland can be found at https://www.scotland.police.uk/access-to-information/freedom-of-information/.

• Please advise if Kirkcaldy Police Station have the highest record of deaths in custody since the death of Sheku Bayu?

Under Section 17 of FOISA I can confirm we do not hold this information. The PIRC do not hold statistical data in relation to deaths in police custody by individual police office; this is held in relation to police divisions, e.g. Fife. As such, it is not possible to compare Kirkcaldy Police Station with any other.