Undercover policing review states practice in Scotland is ‘legitimate’ and safeguarded

A new report by HM Inspectorate of Constabulary (HMICS) states that undercover policing is a legitimate policing tactic and the necessary safeguards are in place to support its use by Police Scotland.

A strategic review was commissioned by the Justice Secretary following concerns about actions of undercover officers and a number of reviews in England and Wales including the Undercover Policing Inquiry (UCPI), which does not extend to Scotland.

The new report highlights a number of key findings and makes 19 recommendations to drive improvement in the “specialist area of policing”.

HM Chief Inspector of Constabulary in Scotland, Derek Penman, said: “There is no doubt that undercover policing raises complex ethical questions and there has been legitimate public concern over its use in the past. Its use must therefore be tightly controlled in accordance with the law, with effective safeguards and robust supervision in place at all times.”

“The use of undercover officers is a lawful and legitimate way of tackling the threats from serious organised crime, cyber and terrorism. This report highlights that officers who undertake this function volunteer for the role, often placing themselves in challenging and, occasionally, dangerous situations.”

HMICS spoke to every undercover officer in Police Scotland and found them to be “professional with a clear understanding of their ethical responsibilities”. The review also confirmed that undercover officers used by Police Scotland are operating within their powers.

Mr Penman added: “We are reassured that the current internal supervision and oversight measures in place in Scotland minimise any risk of an individual officer behaving in a manner that is unacceptable.”

However, the report found that there is currently insufficient capacity to effectively support multiple undercover operations across Scotland, meaning the use of the tactic by Police Scotland is underutilised. Mr Penman said this “needs to be further developed”.

Since the establishment of Police Scotland in 2013, there have been 50 undercover operations focussed on drug dealing, child sex abuse and exploitation, human trafficking and serious organised crime.

HMICS identified that there is no recognised mechanism for Police Scotland to be advised if undercover officers from England and Wales are deployed in Scotland and recommends a formal process be put in place for notification of cross border operations.