Complaint Handling Reviews

The Complaints

The complaint in this case arose after the applicant was arrested and charged with domestic abuse offences. The applicant’s ex-partner was employed as a member of Police Scotland civilian staff and disclosed to her line manager that there has been a domestic incident between her and the applicant. The applicant was later arrested and charged for various offences. He later pled guilty to offences under Section of the Domestic Abuse (Scotland) Act 2018. We have reviewed the handling of sixteen complaints, namely that: 

1. on 22 November 2022 officers applied handcuffs to the applicant using excessive force;
2. officers afforded themselves entry to the applicant’s address in an intimidating manner;
3. officers informed the applicant that the charges against him were being pressed by a named female;
4. Officers asked for the applicant’s mobile phone pin number repeatedly and unlawfully;
5. Whilst in custody, a Detective Sergeant, along with civilian staff, attempted to view the applicant’s pin number when he was accessing his mobile; 
6. An officer informed the applicant that his phone had been accessed by the police, when it had not;
7. An officer told the applicant that he would be charged with obstruction if he did not provide his mobile PIN number;
8. Officers did not afford the applicant the right to provide background information prior to arresting him;
9. Officers placed the applicant’s mobile phone in his possession at the time of his arrest;
10. On 22 November 2022 the applicant was unlawfully arrested;
11. Officers carried out insufficient enquiry into the applicant’s case, presenting a one-sided case to the Crown Office and Procurator Fiscal Service;
12. Officers noted statements from witnesses that contained false, misleading and inaccurate information;
13. Police Scotland have not returned the applicant’s mobile phone despite them never accessing it; 
14. When being released from custody, the applicant was informed that he was not able to return to his home address and had to provide an alternative address;
15. Police Scotland discriminated against the applicant, as the investigation was not impartial as his ex-partner, and others involved, work for Police Scotland; and
16. The policy within Police Scotland CCTV police custody suites, does not support the applicant or Police Scotland’s employees giving an appropriate timeframe.

Police Scotland's Decision

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

Our Findings

We have found that Police Scotland handled complaints 2, 3, 4, 5, 6, 8, 9, 10, 11, and 15 to a reasonable standard but not so complaints 1, 7, 12, 13, and 16.  

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 conduct further necessary and proportionate enquiries into complaint 7 and 13. Thereafter, Police Scotland should provide a further response to both complaints which clearly explains the rationale for the conclusions reached.

We have also identified two learning points to address an administrative shortcoming.

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

Police Bodies: Police Scotland