SCOTLAND'S rank and file police officers have criticised plans to introduce a new statutory offence for police neglect of duty.
The new offence, which they claim the Lord Advocate requested, would mean prison sentences of up to five years for front-line police.
The move follows the conviction of Constable Michele Selby last August for failing to arrest a housebreaker because "she could not be bothered". She was imprisoned for 12 months after confiscating tools from a man who had claimed to be fixing the door of a Chinese restaurant in the middle of the night.
She told the man, who had six previous convictions, that she would have arrested him but she had another call to attend to.
Speaking at the annual conference of the Scottish Police Federation (SPF) yesterday, Brian Docherty, chairman of the organisation, said he could not understand why the new offence was in the Police Bill.
He said: "There is a section of the Bill which would create a new statutory offence of neglect of duty. A new offence which would carry a potential imprisonment of five years.
"I find it hard to imagine the nature of a neglect of duty which would merit five years' imprisonment.
"When I first read it, I thought I was reading the 1617 Act of Parliament. It surely would be better suited to 400 years ago.
"A new law in statute would achieve nothing that the common law does not already accommodate. Why should this be duplicated in statute?
"We have been told this was included at the specific request of the Lord Advocate who wanted to make prosecutions easier – I ask you."
He said the federation has asked ministers to amend the Bill and remove the offence, as he believes it to be unnecessary.
"Why duplicate this?" said Mr Docherty. "The Government has not yet given us any feedback on this but we know they are still looking at our responses.
"It seems at odds with the other measures the Scottish Government is implementing."
The new offence is one of a number of concerns that were raised at the conference in Aviemore.
Mr Docherty warned that the Police Bill, currently before the Justice Committee, will require a number of
amendments to ensure that politicians cannot undermine the operational independence of the new chief constable.
He also reiterated calls for an early appointment of the new chief constable to ensure the smooth start and efficient running of the new service from April 1, 2013.
Speaking at the conference yesterday, Justice Secretary Kenny MacAskill indicated for the first time that the new chief could be appointed before December – which was the original date for their appointment. It is thought that an advertisement for the new chief constable and the chair of the new national police board could be sent out in May – once the Bill reaches Stage 2.
However, Mr MacAskill said he would not and could not be part of the selection process as that would constitute political interference in the process.
The SPF represents Scotland's 17,000 front-line officers.
The new offence is contained within the Police Bill currently before the Justice Committee.
The Crown Office was contacted last night but has not yet commented.
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