Retired superintendent’s concern over ‘erosion’ of discretion

Jim Kirkwood, 60, told The Herald that he complained to both Police Scotland and the Police Investigations and Review Commissioner (PIRC) after he received a fixed penalty fine for pulling up next to a marked patrol car to ask for directions outside Prestwick Airport.

He believes he would have gone unpunished if officers exercised their discretion, realising that he had made an innocent mistake at the airport.

His concerns are broadly shared by a number of officers and theAssociation of Scottish Police Superintendents, though officers were reluctant to criticise Mr Kirkwood’s fine when speaking to The Herald.

Mr Kirkwood, formerly of Strathclyde Police Special Branch, said: “Discretion is one of the most powerful weapons a police officer has. But I feel this power has been eroded in this new culture of targets.”

His formal complaint says that the officers issued his fine with “undue haste”, acting with “inconsiderate or unreasonable conduct”.

However, a complaints officer told him that his actions were a “security risk” and the fine was justified.

Mr Kirkwood has since paid his £30 penalty without challenging it in court.