The Act – Section by Section Functions of the Police Investigations and Review Commissioner
90.All of the provision under this cross heading concerns the functions of the PIRC and amends the 2006 Act.
91.The PIRC was established by section 33 of the 2006 Act as the Police Complaints Commissioner for Scotland and was renamed the Police Investigations and Review Commissioner by section 61 of the 2012 Act, which also transformed the office in various other ways to respond to the need to scrutinise the newly formed Police Scotland. It provided for a new centralised approach to investigating significant matters and gave the PIRC an increased remit and powers. The PIRC is an office‑holder and is independent of Police Scotland.
92.Section 60 of the 2012 Act places a number of requirements on the SPA and the chief constable in terms of dealing with relevant complaints, the definition of which is the same as in the 2006 Act, including a requirement to maintain suitable arrangements for the handling of relevant complaints.
93.Section 33A of the 2006 Act (inserted by section 62 of the 2012 Act) sets out the general functions of the PIRC, which relate to complaints concerning the police, the investigation of criminal offences and deaths involving persons serving with the police, the investigation of certain serious incidents involving the police, and the investigation of other matters that it would be in the public interest to investigate.
94.The phrase “person serving with the police” is defined in section 47 of the 2006 Act. Section 47 defines “a person serving with the police” as (a) a constable, (b) a member of the police staff or (c) a member of the SPA’s staff.
95.Section 34 of the 2006 Act makes provision about “relevant complaints”. Subsection (2) provides that a complaint is a statement expressing dissatisfaction about an act or omission by the SPA, the Police Service of Scotland or a person serving with the police. Subsections (1) and (6) provide that a relevant complaint is one made by a member of the public who claims (a) to be the person in relation to whom the act or omission took place, (b) to have been adversely affected by the act or omission, or (c) to have witnessed the act or omission.
96.The 2012 Act also inserted new sections 41A to 41F into the 2006 Act which describe in more detail the PIRC’s powers, duties and functions.