Complaint Handling Reviews

The Complaints

The complaints in this case arose after the police reported the applicant to the Crown Office and Procurator Fiscal Service for an alleged drug driving offence.

We have reviewed the handling of five complaints, namely that: 

1. Officers targeted the applicant because of his ethnicity;
2. Officers lied about why they carried out a stop on the applicant’s vehicle;
3. Officers informed the applicant that a tyre on his vehicle had a tread depth within the legal limit then proceeded to say this was a moving traffic offence and used this as grounds to administer a drug swab;
4. Officers recorded that the applicant informed them that he smokes cannabis but the applicant did not inform the officers of this; and
5. Several unprofessional comments were made during the applicant’s time in police custody.

Police Scotland's Decision

Police Scotland did not uphold any of the applicant’s complaints. 

Our Findings

We have found that Police Scotland did not handle any of the applicant’s complaints to a reasonable standard. 

Consequently, we have made five recommendations to address the shortcomings in Police Scotland’s handling of these complaints. In summary, we have recommended that Police Scotland conducts any necessary and proportionate further enquiries into the complaints. Thereafter, Police Scotland should provide the applicant with a well-reasoned further response letter, which outlines whether the complaints are upheld or not upheld and clearly explains the rationale for each determination reached.

We have also identified five learning points for Police Scotland in relation to ensuring compliance with the relevant provisions of the PIRC statutory guidance on the handling of complaints about the police in Scotland.

Our recommendations and learning points should be implemented by Police Scotland within two months of the date of this report. 

Policing Bodies: Police Scotland