Report - Police Scotland – PIRC/00778/23
The Complaints
The complaints in this case arose after the applicant was reported to the police for dangerous driving, by a former tenant of a property she rented out. The applicant was subsequently caution and charged with the offence and an offence under section 38 Criminal Justice and Licencing (Scotland) Act 2010. At trial, the applicant’s case was abandoned by the Crown Office and Prosecution Service (COPFS).
We have reviewed the handling of five complaints, namely that:
- the complainer in the criminal enquiry provided two statements, the second of which was obtained a period of time after the incident, which provided him ample time to collude with other witnesses;
- officers did not conduct sufficient enquiry and failed to do door to door or review all CCTV opportunities;
- the complainer in the criminal enquiry was allowed to review CCTV footage and download the evidential footage for officers;
- officers failed to record the applicant’s report of being the victim of a breach of the peace, despite her reporting this to a number of officers; and
- an officer did not correctly record the applicant’s reply to the section 172 of the Road Traffic Act 1988 procedure.
Police Scotland's Decision
Police Scotland did not uphold any the applicant’s complaints.
Our Findings
We have found that Police Scotland handled complaints 1, 2, 3 and 5 to a reasonable standard but not so complaint 4.
No further action is required of Police Scotland in relation to the complaints considered in this review.
Police Bodies: Police Scotland