‘Second-class service’ as police in Scotland avoid open tribunals

Tanya Thompson

Scottish police officers will escape public disciplinary hearings despite the announcement of new tribunals for their English counterparts.

Under radical powers held by the Independent Police Complaints Commission (IPCC), officers in England and Wales accused of serious incompetence or neglect will be compelled to attend hearings open to victims, relatives and the media.

The medical profession and the military hold disciplinary hearings in public, and the private nature of police hearings has led to claims of leniency.

But the move by the IPCC will not be replicated north of the Border because the new Scottish Police Complaints Commissioner does not have the requisite powers.

Police sources in London confirmed yesterday the first disciplinary hearing would be held in public by the end of the year.

But rank-and-file officers in England warned that the hearings could become “pseudo show trials” if held in public.

The IPCC cited the case of showjumper Tania Moore, who was shot dead by her former boyfriend Mark Dyche in 2004, as one where a public hearing could have been necessary.

In October 2006, a number of police officers faced a private misconduct hearing for allegedly failing to take action.

An IPCC spokesman said:

“The public needs to see that justice is being done.”

Critics said that Scotland would now be left with a second-rate service because the newly appointed “police tsar” will only work part-time and has no powers to investigate criminal matters such as police corruption.

Jim Martin, a former teaching union boss, was made Scotland’s first police complaints commissioner this week and takes up his post in April.

John Scott, a solicitor-advocate and human rights expert, said: “The office in Scotland lacks teeth compared to what they’ve got down south.

“This is a second-class service up here. People are going to be very disappointed when they realise how narrow his remit is.”

However, Cathy Jamieson, the justice minister, insisted the commissioner will bring greater transparency and help modernise Scotland’s police complaints system. A spokesman for the Executive conceded Scotland would not hold any disciplinary hearings in public, adding: “The commissioner will be able to re-examine complaints that have not been dealt with properly. We’re confident this will be robust and independent.”

Mr Martin, 53, is expected to work eight days a month for a fixed three-year term. He will be responsible for scrutinising police procedures and non-criminal complaints from the public. This will include how arrests are made, police attitudes and response times.