can I take legal action against Police for stop and search of a black man

[bigrick]

can I take legal action against Police Scotland for the stop and search of a black man of 59 while they were looking for a white suspect who is 30-early 40s? Ridiculously they say I was acting suspicious when all I was doing was after exiting a library waiting at a bus stop for a bus home. Saying I was acting suspicious is just an excuse to validate the stop and search

[echat11]

Hi BIGRICK

How did you know who they were looking for?

The police has a complaints process that you need to follow, the courts are a last resort.

Make a Formal Complaint to the police, explain what happened, the harm it's caused you and what you want them to do about it.

https://www.citizensadvice.org.uk/sc...st-the-police/

You might also want to see if there is any CCTV that would help as evidence.

[bigrick]

Hi BIGRICK

How did you know who they were looking for?

The police has a complaints process that you need to follow, the courts are a last resort.

Make a Formal Complaint to the police, explain what happened, the harm it's caused you and what you want them to do about it.

https://www.citizensadvice.org.uk/sc...st-the-police/

You might also want to see if there is any CCTV that would help as evidence.

I Made a Formal Complaint to the police and wasn't happy with the result. They upheld part of my complaint(below) which I think answers your questions above but haven't agreed there was racial discrimination and do not propose to take the matter further

In considering this complaint I am presented with conflicting versions of events. You state that since August 2020, you have been trying to obtain information from PSD regarding the race of the suspect but this information was not forthcoming. The first witness officer denies the allegation and states that she tried to provide all the information to you that she could. The second witness officer states that he did not respond to you as he saw the first witness officer was already in correspondence with you. The e-mail chain has been reviewed and confirms that although you requested the suspect’s age and race the race of the suspect was not provided to you. There are no other witnesses or evidence sources available to assist me in making a determination on this complaint.

Having reviewed the full circumstances and, on the balance of probabilities, I therefore uphold this complaint. I must apologise on behalf of Police Scotland that the quality of service provided on this occasion has fallen below the high standard expected. Officers will be reminded of the correct procedures to ensure there is not any reoccurrence.

In considering all the circumstances as revealed to me I do not propose to take the matter further.

[echat11]

Have you written to your local MP?

[bigrick]

Have you written to your local MP?

no but I may do if I don't get satisfaction. Meanwhile I've requested a PIRC Application for review

[bigrick]

I've now requested compensation from Police Scotland as well as a PIRC Application for review. I got the following reply from Police Scotland;
"Thank you for your email, the contents of which are noted. I confirm having contacted the Professional Standards Department for further information in order that I can consider you compensation claim. I have been advised that you have referred this complaint to the PIRC. As this matter is still under investigation, I confirm that I am unable, at this time, to provide you with my determination on your claim until the complaint handling review process is concluded. I have asked to be kept fully informed as to the status of the PIRC investigation so that I am able to progress matters as soon as possible thereafter".

Part of my claim for compensation from Police Scotland is due to unlawful discrimination. The time limit to take claims to the Sheriff court is 6 months from the date of the event. Obviously I want to give Police Scotland the chance to settle before taking to court. However, I've heard from PIRC there's a delay in processing reviews and so there's every chance by the time PIRC have done the review and Police Scotland have then considered my claim the 6months will have expired. So what can I do so I can still take to court if need be?

[echat11]

I've now requested compensation from Police Scotland as well as a PIRC Application for review. I got the following reply from Police Scotland;
"Thank you for your email, the contents of which are noted. I confirm having contacted the Professional Standards Department for further information in order that I can consider you compensation claim. I have been advised that you have referred this complaint to the PIRC. As this matter is still under investigation, I confirm that I am unable, at this time, to provide you with my determination on your claim until the complaint handling review process is concluded. I have asked to be kept fully informed as to the status of the PIRC investigation so that I am able to progress matters as soon as possible thereafter".

Part of my claim for compensation from Police Scotland is due to unlawful discrimination. The time limit to take claims to the Sheriff court is 6 months from the date of the event. Obviously I want to give Police Scotland the chance to settle before taking to court. However, I've heard from PIRC there's a delay in processing reviews and so there's every chance by the time PIRC have done the review and Police Scotland have then considered my claim the 6months will have expired. So what can I do so I can still take to court if need be?

I would send them a letter stating that the 6 months to make a Court claim will be XX/XX/XXXX, explain that you do not want to lose your right to make a claim in the Sheriff's Court against the 'treatment' you received whilst they investigate the complaint. In order to protect your rights what do they suggest? (I would actually start the legal process a week before the six months is up, you can obviously withdraw the claim, ask them to pay court fees if you agree to the offer made).

[bigrick]

I would send them a letter stating that the 6 months to make a Court claim will be XX/XX/XXXX, explain that you do not want to lose your right to make a claim in the Sheriff's Court against the 'treatment' you received whilst they investigate the complaint. In order to protect your rights what do they suggest? (I would actually start the legal process a week before the six months is up, you can obviously withdraw the claim, ask them to pay court fees if you agree to the offer made).

thank you for your advice which I followed. I got the following response from them;

Unfortunately I am not able to provide you with advice in relation to raising a court action. I would advise that you seek assistance from your local Citizen’s Advice Bureau or a solicitor in this regard – they will be best placed to assist you with time limits and the court process.



Without prejudice.

[echat11]

thank you for your advice which I followed. I got the following response from them;

Unfortunately I am not able to provide you with advice in relation to raising a court action. I would advise that you seek assistance from your local Citizen’s Advice Bureau or a solicitor in this regard – they will be best placed to assist you with time limits and the court process.

Without prejudice.

That's understandable because there would a conflict of interest. Work out a date 4 weeks before the 6 months is up. Post on the thread so you can cover the Pre action protocols.

[bigrick]

I would send them a letter stating that the 6 months to make a Court claim will be XX/XX/XXXX, explain that you do not want to lose your right to make a claim in the Sheriff's Court against the 'treatment' you received whilst they investigate the complaint. In order to protect your rights what do they suggest? (I would actually start the legal process a week before the six months is up, you can obviously withdraw the claim, ask them to pay court fees if you agree to the offer made).

I sent them a email last week stating that the 6 months to make a Court claim will be March 2022, and explained that I will have to make a claim in the Sheriff's Court against the 'treatment' I received if I don't hear from them within 14 days else I will miss the deadline

[echat11]

I sent them a email last week stating that the 6 months to make a Court claim will be March 2022, and explained that I will have to make a claim in the Sheriff's Court against the 'treatment' I received if I don't hear from them within 14 days else I will miss the deadline

That's good, they've been forewarned.

[bigrick]

the 14 days is up, the 6 month deadline is nigh and Police Scotland haven't tried to resolve this. I've started logging a claim on the Scottish Civil Online portal and will submit it in the next few days to the court once I've added all the relevant info

[ephrem]

What an absurdity; I am very sorry that you faced such behavior by the police. I often hear such stories, and it's always very sad for me because I can't imagine what it's like for a decent and honest person to be detained by mistake. It must be very humiliating and terrible, and I hope it will happen to as few people as possible. In fact, I'm not really surprised by this because even articles like tonydosenpolicereports.com suggest that the police in our time are just criminals who got to power and seized it for their selfish purposes. When you read something of this kind, there is no desire to even go out on the street. Be careful, guys, and take care of yourself.