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FOISA Response No. 869 - COPFS directed investigations in 2022/23

12 Jun 2023
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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:

  • “Please provide the number of cases in 2022/23 that COPFS instructed you to investigate.”

PIRC undertake criminal investigations directly instructed by the Crown Office and Procurator Fiscal Service (COPFS). These investigations include allegations of criminality against serving police officers and / or staff. From October 2021, COPFS instructed that all on-duty allegations of assault made against police officers or police staff be referred to PIRC for assessment in order to determine whether a full investigation should be undertaken. For your assistance and information, the purpose of the assessment process is to determine whether there may be:

1. Identification of the person alleged to have committed the offence; 
2. Whether there is any corroboration of the allegation; and 
3. Whether there may be a sufficiency of evidence to show that a crime may have occurred.

The assessment process includes examination of relevant material to determine if the above criteria have been met: if so, the allegation will progress to full investigation; if not, the allegation will not proceed to investigation.

PIRC also undertakes investigations in relation to deaths in police custody and deaths following police contact.

In 2022/23, PIRC were instructed to undertake assessment or investigation of a total number of 404 matters by COPFS.

Of these 404 matters, PIRC undertook 104 investigations, which included allegations of assault, other criminal allegations made against police officers or police staff, deaths in custody and deaths following police contact.

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