About

How to Make a Complaint against the Police

What should I think about before making a complaint?

You should consider whether there is sufficient and credible evidence to support your complaint. In Scotland criminal proceedings will not take place without corroborated evidence implicating the accused.

How do I make a complaint?

If you wish to make a complaint you can either:

  • Write direct to the Chief Constable at the relevant police force;

  • Make your complaint directly to the
    Area Procurator Fiscal;

  • Go to any police station and give details of your complaint there;

  • Ask a solicitor, your MSP, MP or local councillor to make the complaint to the Chief Constable on your behalf.

The
Citizens Advice Bureau will give you information and addresses.

How does the complaints process work?

  • An initial report of the complaint is sent to the Deputy Chief Constable.

  • If the Deputy Chief Constable decides that the report contains allegations of a crime committed by a police officer on duty he will submit the report to the Area Procurator Fiscal within 14 days of the complaint being made.

  • The Area Procurator Fiscal will examine the report and decide if it contains an allegation of criminal conduct by an officer. If the Area Procurator Fiscal decides that the case should be investigated then a letter will be sent to the complainer to tell him or her this.

What happens if the complainer has already been charged with a crime?

It is not unusual for a complaint to be made by a person who may already be the subject of criminal proceedings and wishes to complain about their treatment while in custody.

To avoid difficulties for the complainer in this position:

  • The complaint against the police and the charges against the complainer are kept completely separate and dealt with by different personnel within the Crown Office and Procurator Fiscal Service.

  • Attending an interview is optional and the complainer does not need to discuss any matter that might incriminate him.

  • Information provided by the complainer (or other witness) is confidential.

  • The Procurator Fiscal who takes the statement will not be involved in the related criminal case against the complainer.

  • Information that is obtained during the course of the investigation will not be revealed to anyone involved in preparing or prosecuting the related criminal case against the complainer.