What can I do if I want to report a criminal complaint about a police officer?

If you think a police officer or a police staff member working for Police Scotland has broken the law, you can report this to:

• Police Scotland – check how to make a complaint on the Police Scotland website
• The Scottish Police Authority (SPA) if the allegation is about a senior police officer – check how to make a complaint on the SPA website.

The report will go through the usual complaints process or be referred to the Crown Office and Procurator Fiscal Service (COPFS) if the police officer was on duty at the time of the offence.

You might not feel comfortable reporting the allegation directly to the police.

 

You can report a complaint to the Police and Anti-Corruption and Abuse Reporting Service which is run by Crimestoppers on 0800 085 00 00 or on the Crimestoppers’ website.

 

If the police officer has broken the law whilst on duty you can report this directly to the Crown Office and Procurator Fiscal Service (COPFS). You can find out how to do this on the COPFS website.

The Crown Office and Procurator Fiscal Service (COPFS) is independent of the police.

 

A matter involving a police officer on duty will be automatically referred to them. You should receive written confirmation of this. If you report the matter directly to the COPFS, they will refer it to the Professional Standards Department of Police Scotland for further consideration and investigation.

 

A matter involving a police officer off duty will only be passed to the COPFS where appropriate.

 

Usually, the COPFS will request that a supervisory officer, who is not connected to the complaint, complete an investigation and then provide them with a full report. The complaint also might be passed to the Police Investigations and Review Commissioner (PIRC) for an investigation to take place.

 

Once a matter is referred to them, they might decide:

• not to prosecute - they will refer the case back to the police to decide if the officer should be disciplined
• to report the case to the Crown Office - this is who decides whether to prosecute the police officer. You will be told what the Crown Office decides. 

 

If there is a prosecution, you might have to go to court to give evidence. Find out more about going to court as a witness on the Scottish Courts and Tribunals website or from Victim Support Scotland’s website section on attending court. 

 

If you’re not happy with how the matter was dealt with by the Procurator Fiscal, or with their decision, you can find out more about making a complaint on the COPFS website.