Report - Police Scotland - PIRC/00053/21
The Complaints
The complaints in this case arose when the applicant was arrested and taken into police custody.
We have reviewed the handling of six complaints, namely that:
Police officers appeared disappointed when the applicant passed a drug test, with one officer remarking to the other “I’m sorry to say it’s negative” when the test result became available;
Despite telling officers he needed to use a toilet, the applicant was denied the use of one and was instead kept waiting in the back of a police car outside the police station;
The police officer carrying out the applicant’s breath test in the custody suite failed to wash her hands or use hand sanitiser, which the applicant found to be unhygienic especially due to Covid regulations;
Police Scotland filed an incorrect charge against the applicant;
The applicant was strip searched in a cell without justification; and
The applicant was not told why he was being strip searched.
Police Scotland’s Decision
Police Scotland upheld complaint 4 but did not uphold the remainder of the applicant’s complaints.
Our Findings
We have found that Police Scotland handled complaints 2, 4 and 5 to a reasonable standard but not so complaints 1, 3 and 6.
Consequently, we have made two recommendations to address the shortcomings in Police Scotland’s handling of the complaints. In summary, we have recommended that Police Scotland provides the applicant with further responses to complaints 3 and 6.
Our recommendations should be completed by Police Scotland within two months of the date of this report.
Outcome
Police Scotland implemented both recommendations made in the CHR. In doing so, they provided the applicant with a further response to complaint 3, having considered the operational guidance highlighted in the first recommendation.
The complaint remained not upheld. Police Scotland also recorded complaint 6 as a separate complaint and made additional enquiries into it, before issuing the applicant with a further response. This complaint was not upheld.
Police Bodies : Police Scotland