The Act – Section by Section Functions of the Police Investigations and Review Commissioner Section 12: Investigations into matters involving persons serving with the police
97.Section 33A(b)(i) of the 2006 Act (general functions of the PIRC) requires the PIRC, when directed to do so by the Lord Advocate or a procurator fiscal, to investigate any circumstances in which there is an indication that a person serving with the police may have committed an offence. This provides for an investigation by someone who has no connection with the person who is the subject of the investigation.
98.Section 12 of the Act amends section 33A(b)(i) to clarify its application in relation to investigations into alleged criminality by constables or members of staff who have subsequently left the police.
99.Paragraph (a) amends section 33A to make clear the circumstances in which the PIRC can be directed to investigate circumstances in which an offence may have been committed by a person serving with the police. The amendment clarifies that the PIRC can investigate any circumstances involving someone who is, or has been, a person serving with the police. A currently-serving officer could be investigated for an offence allegedly committed either before or after they joined the force, and a former officer could be investigated for an offence allegedly committed before or after they joined the force, or after they retired. It also does not matter whether the person was on- or off-duty when the offence was allegedly committed.
100.Section 33A(b)(ii) of the 2006 Act requires the PIRC, when directed to do so by the Lord Advocate or a procurator fiscal, to investigate any circumstances of a death involving a person serving with the police which the procurator fiscal is required to investigate under section 1 of the Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016. Paragraph (b) of section 12 clarifies that the PIRC can be directed to investigate deaths involving off-duty police officers. It adjusts section 33A(b)(ii) of the 2006 Act so to provide expressly that it does not matter whether the circumstances of the death occurred in the course of duty etc.