WE need urgent reform of the police complaints regulations in Scotland, as they protect the guilty, leave some innocent officers tainted, and – if that’s not sufficiently concerning – they also deny justice to complainants.

Seventy-seven police officers have resigned or retired while subject to misconduct investigations since the formation of Police Scotland in 2013. As the figure only covers the period up to March 31 2017, it does not include the most high-profile resignation of all, that of Chief Constable Phil Gormley while subject to five separate complaints’ investigations.

Under the Police Service of Scotland (Conduct) Regulations 2014, all misconduct proceedings halt upon the resignation or retirement of the accused officer. Leaving the service during an investigation may create a whiff of suspicion that there has been wrongdoing, so innocent officers must remain in post if they want to clear their names.

After two decades in complaints and professional conduct roles, including as a member of the Scottish Police Authority’s Complaints Committee, and as Scotland’s first Judicial Complaints Reviewer, I know that sometimes misguided, malicious or vexatious complaints are made. Investigation of these complaints can take their toll on innocent police officers and their families and it is understandable that some will chose to resign before the conclusion of an investigation due to the stress of it.

How much better it would be if they knew that in due course they could have their name cleared and retire or move on with an unblemished record. Under our system, this is not an option.

Complainants are also let down by the regulations. Those who lodge complaints in good faith find that their concerns, however serious, are dropped the minute an officer leaves the police. The validity of their complaint is never established and they are left without answers, resolution or redress.

Even Police Scotland is a loser, as it cannot gain organisational learning where serious complaints are halted at the outset or in mid-stream. Shortcomings within the service that may have surfaced during an investigation cannot be remedied because they are never identified.

The only people the regulations protect are the guilty, who can resign or retire simply to escape an investigation and evade justice.

People expect the same standard of justice whether in Peterhead, Pontypridd or Penzance, but in Scotland we are short-changed. In England and Wales the revised Police (Complaints and Conduct) Regulations ensure that investigations into gross misconduct continue even when someone leaves the service. This boosts public confidence in the system by ensuring that officers are held to account for their actions.

I intend to petition the Scottish Parliament to change the regulations to mirror the best elements of the English and Welsh ones, in order to enhance the reputation of the hard-working constables in Police Scotland by ensuring that the tiny minority of bad apples are brought to justice.