Complaints and Accountability
The bodies responsible for handling complaints about the criminal justice system
When something has gone wrong in a criminal case the question of who is responsible and who can be held to account is one that arises naturally and often urgently. This page covers the formal complaints and accountability mechanisms available in Scotland.
Complaints about legal professionals
The SLCC is the independent body that handles complaints about solicitors and other legal professionals in Scotland. It deals with both inadequate professional service complaints and conduct complaints. The service is free.
Complaints about police
The PIRC handles complaints about police conduct in Scotland. It reviews how Police Scotland has handled complaints and in some cases conducts independent investigations into police conduct. Where there are concerns about how a police investigation was conducted a PIRC complaint handling review may be an appropriate avenue.
HMICS independently inspects and reviews Police Scotland and the Scottish Police Authority. It does not handle individual complaints but its inspection reports and thematic reviews are a source of publicly available information about how Police Scotland operates.
Complaints about prosecutors
The Inspectorate of Prosecution in Scotland independently reviews the work of the Crown Office and Procurator Fiscal Service. It does not handle individual complaints about prosecution decisions but its reports cover how the COPFS operates in practice.
The COPFS itself has a formal complaints process for complaints about the conduct of prosecutors or the handling of a prosecution. Complaints about specific decisions such as a decision not to prosecute or the handling of disclosure can be directed to the COPFS complaints process.
Information and data complaints
The Scottish Information Commissioner handles complaints about Freedom of Information requests made to Scottish public authorities. Where a FOI request to a public body in the criminal justice system has been refused or inadequately responded to the Commissioner can review that decision.
The ICO handles complaints about data protection and the handling of personal data. Where there are concerns that personal data has been mishandled by a public authority in the criminal justice system an ICO complaint may be appropriate.
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Scottish Parliament and Human Rights Routes
The parliamentary and human rights mechanisms available to people who have concerns about how the justice system has operated in their case.
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Which body to use
Solicitor concerns ? Scottish Legal Complaints Commission
Police conduct ? PIRC
Prosecution decisions ? COPFS complaints process
FOI refusals ? Scottish Information Commissioner
Personal data misuse ? Information Commissioner's Office