This is a formal legislative-style white paper created by the Let Justice Be Done campaign, intended for parliamentary submission.
Executive Summary
This White Paper proposes a new statutory framework to govern police ethics, conduct, and independent scrutiny across Scotland. The Act seeks to close the accountability gap in how Police Scotland handles misconduct, failures to act, and public complaints. It introduces enforceable duties, improved transparency, and civilian oversight to rebuild public trust.
1. Background
Since the creation of Police Scotland under the Police and Fire Reform (Scotland) Act 2012, there have been recurring concerns over systemic apathy, misconduct, and failures to investigate crime or safeguard the public. Investigations by the PIRC, reports from bereaved families, and civil litigation outcomes have exposed a culture of inaction and internal deflection.
2. Purpose of the Act
- To establish a statutory code of police ethics with legal force
- To impose a duty to investigate on all officers — enforceable via complaint or judicial review
- To mandate public explanation for non-action in cases of reported crime
- To guarantee independent, citizen-led scrutiny of police complaints and misconduct decisions
- To permit civil remedies where the duty to act has been breached
3. Summary of Provisions
Section 1 – Duty of Active Protection
Police Scotland shall have a legal duty to investigate all credible reports of crime and threat to life or property. Failure to act must be justifiable in writing.
Section 2 – Ethical Conduct Code
A codified standard of behaviour for all officers, enforceable via the Scottish Police Authority and subject to audit by the PIRC.
Section 3 – Scrutiny Panels
Community Scrutiny Panels (CSPs) with legal status to review non-criminal complaints and recommend public remedies, drawn from vetted citizen volunteers.
Section 4 – Civil Remedy
Where a failure to act leads to harm, complainants may pursue civil action with enhanced status if the conduct falls below the Act’s defined threshold.
4. Legislative Rationale
This Act reflects public demand for a shift from internal policing to externally accountable service. It reinforces Article 2 (right to life) and Article 8 (right to protection of private life) under the ECHR.
5. Conclusion
We propose that Members of the Scottish Parliament give consideration to the urgent introduction of this bill. The status quo is unsustainable. Silence must no longer be policy.
Submitted respectfully by the Let Justice Be Done campaign, June 2025.