Report Summary
This report provides members of the Complaints & Conduct Committee with an overview of Police (Ethics, Conduct & Scrutiny) (Scotland) Act 2025.
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Meeting
The publication discussed was referenced in the meeting below
Complaints & Conduct Committee - 13 November 2025
Date : 13 November 2025
Location : Online
Code of Ethics
The Code of Ethics for Policing in Scotland commenced formal consultation with parties as documented in the legislation on 1 August 2025 and concluded on 12 September 2025.
The PECSS Project Team received and reviewed the relevant responses from all consultees who responded.
Where applicable, the proposed recommendations were incorporated into an updated draft of Code of Ethics for Policing in Scotland. On 25 September 2025 Police Scotland PECSS Project Team and members of Professional Standards SLT met with Jane Gordon, Human Rights Legal Consultant and Independent Human Rights Adviser to Police Scotland to request her expert opinion with regards to this draft of the Code of Ethics.
On 20 October 2025, Jane Gordon provided her response and expert opinion on the draft, to ensure compliance with ECHR and other articles as listed in the Act. The recommendations provided are currently being reviewed for consideration of implementation into the code.
During the review of the consultation feedback the omission of the wording “subject to the reasonable assertion of the privilege against self-incrimination” in the Code of Ethics was considered. Whilst this wording is included in the Act, and this position is accurate and would not be deviated from in practice, the code is not intended to be a direct replica of the legislation and is intended to be a guide for officers to work to. The Human Rights Adviser has also provided an opinion and rationale of why this detail should not be included in the Code of Ethics.
The updated Draft of the Code of Ethics will now progress through Police Scotland Professionalism and Assurance Governance for consideration of the proposed amendments and thereafter be shared to the Committee.