ALMOST 50 police officers in Scotland have quit their jobs or retired during misconduct proceedings against them in the past three years, it has been revealed.
The alarming figure has emerged following a Freedom of Information request lodged by the BBC.
If an officer leaves Police Scotland, any active misconduct proceedings are automatically dropped, but in England and Wales proceedings continue even if an officer leaves their post.
According to figures, 12 officers left in 2019 followed by another 15 in 2020, 16 in 2021 and four in 2022.
There are currently 16,644 full-time cops in Scotland.
Last year, the Scottish Government said it would change the rules to allow hearings to continue saying this would “promote transparency and maintain public confidence” following a public consultation.
The FOI also shows during the same period, Police Scotland received 332 allegations of gross misconduct and 1182 allegations of misconduct against officers.
Tory MSP Russell Findlay, the party’s shadow community safety minister, said the data was evidence of Scotland’s “dysfunctional system of police complaints and governance”.
After the consultation, the Scottish Justice Secretary Keith Brown said the government would "carefully consider" the responses.
The survey followed an independent review in 2020 into how police complaints and allegations of misconduct in Scotland should be handled, with the former Lord Advocate Dame Elish Angiolini recommending police align the rules with those south of the Border.
"I believe there is a strong public interest in dealing fully and thoroughly with police officers' gross misconduct after they have left the police service and no longer hold the important office of constable," she said.
However, the Scottish Police Federation thinks the rules should stay as they are.
General secretary-elect David Kennedy said: "The Scottish Police Federation are opposed to any employee or police officer being unable to resign or retire whilst they wait on the service or employer to finish misconduct proceedings against them.
"Police officers in Scotland if accused of criminality are reported to the Crown in the first instance and after criminal procedures have finished then face misconduct (procedures).
"If an officer is convicted of a crime, it would be normal that they may choose to resign as a police officer rather than endure misconduct proceedings to force them from the service.
"Misconduct allegations can also be for less serious offences that would not be career-ending but officers still choose to resign or retire."
He added: “There is no financial gain to an officer resigning versus being dismissed."
The Scottish Police Authority said it supported Angiolini's recommendations.
A Scottish Government spokesperson said it had delivered 55 out of 72 of the non-legislative recommendations for improvement.
They added: "The report recommended that gross misconduct proceedings should continue even if an officer leaves office along with other recommendations to improve clarity and confidence in misconduct proceedings.
"The Police Complaints and Misconduct Handling Bill to be introduced later this year will deliver on the recommendations needing legislation to deliver them."
Deputy Chief Constable Fiona Taylor said: "Police Scotland demands the highest levels of integrity from our officers and staff and when someone fails to meet this standard we take the appropriate action.
"We have no ability under current conduct regulations to prevent an officer from resigning."
