Probationary police officer wins case against dismissal over alleged sexual offenses

A parole police officer who was dismissed after allegations were made that he committed a child sexual offense has won his legal appeal against the decision.

The officer joined Police Scotland in July 2022 and was suspended from duty before historic harassment charges were made against him by a family member three months later.

In March this year, he was told in a letter from the chief constable that his services as a probationary police officer had been given up.

Lawyers acting on behalf of the officer appealed the decision at a judicial review at the Magistrates’ Court in Edinburgh, claiming there was an error in law in applying current police regulations.

It was alleged that an unfair and improper procedure was used where material facts relating to alleged criminal conduct were disputed.

It was also claimed that sufficient and understandable justifications were not provided and that conclusions were reached without relying on sufficient evidence.

After the hearing, the judge annulled the decision to waive probation services.

In a judgment, Lord Fairley said: “The respondent reached conclusions that led him to dismiss the petitioner without considering on an appropriate evidentiary basis the material issues relating to the reliability of the allegation, the impact on the petitioner and the level of control that might be required of him.”

He said that the reasons stated in the decision letter were “confused and insufficient” and that it was accepted that the relevant regulation was not complied with.

The judge said: “These are errors of material law which, individually and cumulatively, meet the standard required for the intervention of this court in the exercise of its supervisory jurisdiction.”

Lord Fairley said the impact of his decision did not prevent him from reconsidering the question of whether the police officer, known as Chief Constable XY, should be dismissed “on appropriate facts”.

He said: “What is required for a ‘fair’ process will vary from case to case. The seriousness of the allegation and the consequences for the accused will be material factors.

“The allegation that he committed a serious sexual offense against a police officer on probation clearly has the potential to deprive that officer of the ability to pursue his chosen career,” the judge said.

Lord Fairley said that before a decision was reached the police officer in this situation “must be given a fair opportunity to make representations and object to any material factors relevant to the application of the regulations and the exercise of chief constable discretion”.

The court heard the allegation was said to have occurred between 2007 and 2015, when the man was aged between 9 and 15. He has consistently denied this.

He was investigated and interviewed but not charged.

A report was sent to the Crown Office but counsel concluded that the allegation was not substantiated and directed that no prosecution be brought.

The decision was conditioned on the condition that the case remain open if such evidence emerges in the future.

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