Report Summary
Issued 27 June 2025, this FOI response provides information on relevant human rights and equalities reporting and oversight activity by the Scottish Police Authority.
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Response
The Scottish Police Authority has considered your request under the Freedom of Information (Scotland) Act (FOISA).
FOISA allows members of the public to seek access to recorded information already held by Scottish public authorities.
In terms of the question “Does the Scottish Police Authority (SPA) have a duty to uphold human rights, particularly within Police Scotland and the wider public sector.”
The Authority considers that this information can reasonably be obtained.
To assist, we can advise that the Human Rights Act 1998 gives further effect to rights and freedoms guaranteed under the European Convention on Human Rights. Under section 6(1) of the Act it is unlawful for the Scottish Police Authority, as a public authority, to act incompatibly with Convention rights. Furthermore, under section 94(1) of the Police and Fire Reform (Scotland) Act 2012 the Authority makes arrangements for independent custody visitors to visit police detainees and monitor their treatment. This is in pursuance of the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT), an international human rights treaty designed to strengthen the protection of people deprived of their liberty. Under section 95(1) of the Act the Authority must make arrangements for the the UN Subcommittee on Prevention (SPT) to do the same. Information about Independent Custody Visiting in Scotland is available on our website and reporting is presented to the Authority’s Policing Performance Committee.
The ICVS Annual Report for 2023-24 explains the activities of independent custody visiting volunteers. Custody visitors check on the treatment of detainees across Police Scotland's custody estate to ensure their welfare and human rights are being met which is consistent international standards. This was presented at the Authority’s Policing Performance Committee on 11 June 2024.
In terms of the question, “Does the SPA not have a responsibility to eliminate discrimination, promote equality and above all, to monitor and stop torture, inhumane or degrading treatment of detainees in police custody in Scotland.”
The Authority considers that this information can reasonably be obtained.
Under sections 149-157 of the Equality Act 2010 the Authority is subject to the Public Sector Equality Duty (PSED). This requires that public authorities must have due regard to the need to eliminate unlawful discrimination, advance equality of opportunity, and foster good relations in the exercise of their functions.
Information and reporting on the Authority’s equality activities is available on our website.
In terms of the question, “What has the SPA done to stop discriminatory treatment of detainees”
The Authority considers that this information can reasonably be obtained.
As referenced above, information about Independent Custody Visiting in Scotland is available on our website and reporting is presented to the Authority’s Policing Performance Committee.
In terms of your question “If Police Scotland had, had a Controlled Drugs Liaison Officer (CDLO) in place, which I believe is a statutory requirement, then how many drugs death would have been avoided.”
The Authority does not hold the information requested. However, we would point to our recent response to you, reference FOI 2025/26-024.
We would also refer to our previous response to you FOI 2025/26-078 in December 2024 which signposted assurance activity undertaken by the Authority in relation to recommendations on drug treatment in custody.
Further, we would also refer to our previous response to you FOI 2025/26-075 in November 2024 which explained “Medical treatment and provision, including the administration of medicine, for persons in police custody is the responsibility of National Health Service (NHS). If you require any specific information relating to the provision of medication to persons in police custody, we recommend you contact the NHS territorial boards for any instructions or guidance.”
If you are dissatisfied with action or lack of action by Police Scotland, or about the standard of service provided by them you can make a complaint. Information on how to make a complaint is available on Police Scotland’s website.