Inspectors to probe internal Police Scotland investigation at centre of spying rule breach

An investigation at the centre of a ‘spying’ row engulfing Police Scotland is to be examined by the police inspectorate as part of its review into counter corruption practices.

HM Inspectorate of Constabulary in Scotland (HMICS) will look at the counter corruption unit (CCU) probe that later culminated in police breaching rules while intercepting communications in an effort to identify journalists’ sources.

Terms of reference for the HMICS review were published ahead of assistant chief constable Ruaraidh Nicolson appearing before Holyrood’s Justice Committee on the issue.

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A request for evidence from four serving officers at the centre of breaches identified by the Interception of Communications Commissioner’s Office (IOCCO) was rejected by Police Scotland, who offered to send Nicolson instead.

In November IOCCO confirmed Police Scotland breached the watchdog’s code of practice on five occasions while seeking communications data, labelling the breaches “reckless”.

Deputy chief constable Neil Richardson told MSPs last month that authorisations for communications data had been sought in connection with information that had been leaked during a live murder inquiry - understood to be an investigation into the murder of Emma Caldwell in 2005 - to a retired police officer.

He told MSPs that the CCU – a unit established in 2013 to tackle corruption both within the police service as well as the wider public sector in Scotland – suggested that the data be requested after being asked to investigate the leak.

That internal investigation will now be poured over by HMICS as part of their review of the CCU set to report this Spring.

“The investigation by the Interception of Communications Commissioner’s Office (IOCCO) into these breaches by Police Scotland is exclusively a matter for IOCCO and our review will not cover any matters that are properly the statutory remit of that organisation,” said HMICS’ terms of reference.

“Although our review will not re-examine or comment on the finding by the Commissioner, it will include an examination of the wider investigation conducted by Police Scotland’s Counter Corruption Unit into the circumstances which gave rise to these applications.

“HMICS will maintain contact with the Investigatory Powers Tribunal (IPT) throughout to ensure it does not compromise the integrity of any ongoing judicial proceedings.”

Inspectors will carry out “qualitative sampling and review of case records” as part of the review requested by the Scottish Police Authority.

HMICS will also look at the approaches taken to counter corruption within police forces across other parts of the UK compared to Scotland’s single service.