The Act – Section by Section Functions of the Police Investigations and Review Commissioner Section 17: Investigations involving constables from outwith Scotland
124.Section 17 of the Act inserts two new sections into the 2006 Act and makes some consequential amendments, to allow the PIRC to investigate serious incidents or allegations of criminality involving constables from forces other than the Police Service of Scotland who are carrying out policing functions in Scotland, either on behalf of their own forces or on behalf of Police Scotland pursuant to section 98 of the Police Act 1996 (known as “mutual aid”).
125.New section 41G(1) sets out the officers who are covered by this section. Subsection (2) sets out that the PIRC must, when directed to do so by the Lord Advocate or a procurator fiscal, investigate: (a) alleged criminality by such officers allegedly committed in the course of their duties, and (b) deaths involving such officers in the course of their duties. Section 41G(3) applies section 41A to investigations under subsection (2) as it applies to the equivalent investigations into persons serving with the police under section 33A(b).
126.Section 41G(4) requires the PIRC to investigate serious incidents occurring in Scotland involving officers from other UK forces where requested to do so. That requirement is, however, subject to provision made in regulations under section 41H(1) (section 41G(5)). Such regulations may provide for circumstances in which an investigation is not to be, or need not be, carried out, or may be discontinued.
127.Subsection (6)(a) applies the concept of a “serious incident” in section 41B(1) involving a person serving with Police Scotland to incidents involving a person serving with another UK police force. Section 41G(4) and (6)(b) allow the chief constable of Police Scotland to request an investigation into a serious incident involving a constable providing mutual aid, and the chief officer or constable of the constable’s home force to make such a request in other cases.
128.Section 41G(7) makes it clear that the duties of constables providing mutual aid are to be treated as if they were the duties of the constable’s home force. Such constables are not subject to investigation under other provisions of the 2006 Act as they are not persons serving with the police. However, where a constable is engaged on temporary service with Police Scotland under section 16 of the 2012 Act, that constable is a person serving with the police and any incident involving that person can be investigated under section 33A(b), (c) or (d).
129.New section 41H makes provision for the procedures to be followed, and reports to be prepared in relation to, investigations under section 41G(4) into serious incidents involving constables from outwith Scotland. The provision in section 41H is similar to sections 41D and 41E of the 2006 Act which make provision for these matters in relation to investigations involving persons serving with the police. Section 41H(1) to (3) gives the Scottish Ministers the power to make regulations about the procedure to be followed in such an investigation, subject to the affirmative procedure(10) by virtue of section 103(3) of the 2006 Act (as amended by section 17(6) of the Act). Section 41H(4) to (6) requires reports to be prepared following such investigations.
130.The consequential amendments in section 17(3) to (5) are to add to section 33A to include (in new paragraph (e)) the carrying out of investigations under section 41G in the PIRC’s general functions. Sections 46(6) (which concerns the disclosure of information by and to the PIRC) and 46A (which protects certain statements from actions for defamation) are also adjusted to cover information and statements in investigations carried out under section 41G.