Report – Police Scotland – PIRC/00415/24
The Complaints
The complaint in this case arose after the applicant was involved in an altercation with another male, which resulted in each of them being issued with a Recorded Police Warning for a breach of the peace. The applicant appealed his Recorded Police Warning, and as a result, a report was submitted to the Crown Office and Procurator Fiscal Service in respect of an offence under section 38 of the Criminal Justice and Licensing (Scotland) Act 2010. The case concluded as no proceedings.
We have reviewed the handling of three complaints, namely that:
On 20 December 2023, the applicant was wrongfully accused of a breach of the peace offence and issued with a Recorded Police Warning, due to officers failing to carry out sufficient enquiry to establish the full circumstances,
On the same date, the applicant was harassed by an officer after they pursued him for a crime he did not commit, and
On 21 December 2023, officers failed to record and investigate death threats and other criminal conduct against him and his uncle; officers persuaded the applicant’s uncle not to progress a report against an individual, advising that this would escalate the situation; and an officer falsified information, which was noted from the applicant’s uncle, on police systems.
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 and 3 to a reasonable standard, but not so complaint 1.
Consequently, we have made a recommendation to address the shortcomings in Police Scotland’s handling of complaint 1. In summary, we have recommended that Police Scotland undertakes further enquiry and provides the applicant with a fresh response. Our recommendation should be implemented by Police Scotland within two months of the date of this report.
Police Bodies: Police Scotland