By Gemma Fraser
Head of content
Police officers suspended over criminal allegations are facing lengthy delays in having their cases concluded, due to the time taken by prosecutors to deal with them.
Forty-one per cent of suspended officers have cases sitting with the Crown Office and Procurator Fiscal Service (COPFS).
Figures released under freedom of information laws from a recent police conduct committee reveal that, out of 90 officers suspended, 55 “relate to ongoing investigations or are with COPFS for consideration”.
David Kennedy, general secretary of the Scottish Police Federation (SPF), said the length of time it takes prosecutors to investigate cases involving police officers is far higher than similar cases involving members of the public.
“They are 100 per cent holding cops to a higher standard than a member of public,” he told 1919.
“There will be loads of cases where if the cop is no longer a cop anymore, they might end up saying it’s not in the public interest, there’s not enough evidence, let’s just drop it.
“But because they’re cops, they’ll take them to court with no evidence so that they can say ‘We took them to court’.
“They do not want people to come back and say ‘You should have done X, Y and Z’ or ‘You didn’t do it because they’re a police officer’.”
Kennedy highlighted the negative impact that being suspended – particularly for a lengthy period – can have on an officer, arguing that a swift resolution would be better for the individual, their colleagues, and the police service as a whole.
“Suspension itself is a horrible thing,” he said.
“If the Crown made a decision quicker, then people wouldn’t be suspended for as long.”
According to the figures, of the 90 suspended police officers, more than a third (34 per cent) relate to sexual allegations.
The Criminal Allegations Against the Police Division (CAAPD) is a specialist division within COPFS which investigates allegations against on-duty police officers.
“If the Crown made a decision quicker, then people wouldn’t be suspended for as long”
It refers the complaint to Police Scotland’s Professional Standards Department (PSD) and can also order further investigation by PSD or by the Police Investigations and Review Commissioner (PIRC).
Where there is sufficient evidence, a report will be submitted by COPFS to the Crown Counsel, which will then decide if there is sufficient evidence and if proceedings are in the public interest, before bringing a criminal case against the police officer.
A COPFS spokesperson said: “All allegations of criminal conduct by police officers reported to the Procurator Fiscal will be thoroughly investigated by specialist prosecutors.
“Criminal proceedings will be raised if the reports contain sufficient evidence of a crime and if it is appropriate and in the public interest to do so.”
In the past year, 46 officers retired or resigned while facing criminal or disciplinary proceedings.
Chief Superintendent Helen Harrison said: “A decision to suspend an officer is based on the known circumstances and aligned with police regulations, which outline the conditions that must be met.
“The decision is not taken lightly and is made when other options, like restrictions, are not suitable.
“Every suspension is carefully monitored and reviewed on a monthly basis, with an emphasis placed on welfare.
“While every effort is taken to minimise the time an officer is suspended on full pay, this is often outwith the control of Police Scotland.
“A significant factor is often the time involved in the progression of criminal proceedings, as most misconduct proceedings cannot progress until criminal matters have concluded.
“Any inference of on-duty criminal offending by an officer requires a report to be submitted to COPFS, to enable independent oversight and to ensure public confidence.”
