Complaints About the Police

If you think a police officer, special constable or member of police staff has behaved incorrectly/unfairly or you are dissatisfied with any policy, procedure or the quality of service provided by the force, you have the right to make a complaint.

To do this, you need to decide what you think was wrong. For example, was someone rude to you? Did officers use excessive force? Were you unlawfully arrested?

You should make your complaint at the earliest possible opportunity. This will allow for it to be thoroughly investigated and give the best chance of securing all available evidence.

If you decide to make a complaint you can:-

Contact the force’s Complaints and Professional Standards Unit at Police Headquarters on direct dial 01387 242205 or write in confidence to:-

Complaints and Professional Standards Unit
Dumfries and Galloway Constabulary
Police Headquarters
Cornwall Mount
Dumfries
DG1 1PZ

or send an email to the Complaints and Professional Standards Unit on CPSU@dg.pnn.police.uk

or call the force’s Confidential Reporting Line on 0800 085 5553

• Contact us. Go into any police station where you will be seen by the senior officer on duty, probably an inspector or sergeant.
• Visit your local Citizens' Advice Bureau, in Annan, Castle Douglas, Dumfries, Newton Stewart and Stranraer or PAS Direct (People's Advocacy Service) who can give you help and advice : www.cas.org.uk or www.pasd.org.uk.
• Contact your solicitor, Member of Parliament or local Councillor – find details at www.dumgal.gov.uk.
• In respect of the Race Relations (Amendment) Act, Equality Act or the Disability Discrimination Act you may also wish to contact the Equality and Human Rights Commission - www.equalityhumanrights.com/scotland.
• Write a full account to the Chief Constable at Police Headquarters, Cornwall Mount, Dumfries, DG1 1PZ.
• Get someone else or any other organisation to make your complaint on your behalf - and with your permission.

Making a complaint

Your complaint should include:

• When the incident happened
• What happened
• What was done or said
• Whether there were any witnesses
• How the witnesses can be contacted
• Any evidence which you have to support your allegation

The Deputy Chief Constable, who has responsibility for progressing all complaints, will acknowledge your complaint by letter.

You will normally be contacted by a senior officer who will give you the opportunity to discuss your complaint. Whenever possible, the senior officer will explain why the relevant officer took a certain course of action, what the officer’s duties were, the range of powers available to the police and in what circumstances the officer acted. Experience has shown that an explanation by a senior officer may help clarify the police action taken. If you are satisfied with the explanation given by the senior officer, your complaint will proceed no further.

Any allegation of criminal conduct will not be the subject of an attempted informal resolution of this nature and must be reported to the Area Procurator Fiscal.

Investigating complaints

If your complaint is not resolved informally, a senior police officer - known as an Investigating Officer - will investigate it. This officer must have had no prior involvement with your case and will be of at least Inspector rank.

The Investigating Officer will

• Speak to you
• Speak to any witnesses
• Speak to the officers you have complained about

The Investigating Officer will prepare a report for the Deputy Chief Constable. At this stage the Deputy Chief Constable can:

• Decide, after considering the Investigating Officer’s report, that no formal action is needed, or
• Deal with the officer(s) under the Police Misconduct Procedures, or
• If it appears that the officer(s) may have broken the law, refer the complaint to the Area Procurator Fiscal

Wherever action is taken you will be notified in writing.

The Procurator Fiscal Service is entirely independent of the police and investigates allegations of criminal conduct in the public interest. If the complaint alleges that a member of police staff, whilst on duty, has committed a crime this will be investigated by the Area Procurator Fiscal. The Fiscal may then deal with the matter personally or may delegate the investigation to an experienced deputy to act on his/her behalf and report to them.

On receipt of their report from the police the Area Procurator Fiscal will:

• Commence an investigation
• Check the evidence
• Have someone from the Procurator Fiscal Service contact you

After looking into the case the Area Procurator Fiscal will decide whether or not to report the matter to the Crown Office.

Reports to the Crown

Crown Counsel will consider the case and will decide whether or not to prosecute. The Area Procurator Fiscal's office will notify you of the Crown Counsel decision. Police officers who are accused of a crime have the same rights under the law as any other person and must be treated in the same way. If the case goes to court, you and any other witnesses may have to attend court to give evidence.

If the case is not reported to the Crown Office that means that no criminal proceedings will be taken. The Area Procurator Fiscal will notify you that there are no criminal proceedings. The Area Procurator Fiscal will also refer the matter back to the Force and it is for the Force to decide whether misconduct proceedings should be taken in respect of the officer(s).

Misconduct proceedings

The police officer(s) complained about may not have committed a criminal offence but may have behaved in a manner considered inappropriate for a police officer.

In these circumstances, the Deputy Chief Constable will consider whether to instigate formal misconduct proceedings against the relevant officer(s) or to deal with the breach of conduct by means of counselling.

Should a decision be taken to have the officer(s) appear at a Misconduct Hearing, which is a formal disciplinary tribunal chaired by a senior officer, the evidence will be heard by the Chairman who will reach a decision based on the evidence available.

If the Chairman makes a finding that an act or omission of the officer amounts to misconduct, they will impose a penalty from the range of penalties available.