Crown Office and Procurator Fiscal Service

In this case the Area Procurator Fiscal will appoint an experienced Procurator Fiscal Depute or Precognition Officer to investigate the complaint.

This investigation might include:

• inviting the complainer for interview;

• inviting eyewitnesses for interview;

• examining any other evidence.

Our target is for investigations of complaints against the police to be concluded within 12 weeks from receipt of the initial report by the Deputy Chief Constable.

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.