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Advice When PIRC Is Investigating You

An investigation by the Police Investigations and Review Commissioner (PIRC) is one of the most serious situations a police officer in Scotland can face. PIRC is independent of Police Scotland. It investigates, under the direction of the Crown Office and Procurator Fiscal Service, where there is an indication that an officer may have committed a crime, and the circumstances of deaths involving the police. It also investigates serious incidents referred by Police Scotland, such as the discharge of a firearm. How you respond in the first hours and days can shape everything that follows.

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PBW Law is ranked as the top Scottish firm for Police Law: Mainly Defendant in the Chambers UK directory. We act for officers at every stage of a PIRC investigation, whether you have been told you are a witness or a suspect, and we work alongside the Scottish Police Federation and other representative bodies on behalf of their members.

Courtroom interior — PIRC investigation solicitors for police officers, Scotland

How a PIRC Investigation Works

  • Referral — PIRC becomes involved when the Crown directs an investigation into alleged criminality or a death involving the police, or when Police Scotland refers a serious incident.

  • Your status — you may be treated as a witness or as a suspect. Your status determines your rights, and it can change as the investigation develops.

  • Statements and interviews — investigators may ask for an operational statement, a witness statement or an interview under caution. Each carries different risks, and you should take legal advice before giving any of them.

  • Evidence gathering — investigators may examine body-worn video, CCTV, radio and telematics data, custody records and the accounts of other officers and members of the public.

  • Reporting — PIRC reports its findings to the Crown Office, which decides whether criminal proceedings or a Fatal Accident Inquiry should follow.

  • Outcome — depending on the findings, the matter may end with no further action, or lead to prosecution, misconduct proceedings or evidence at an FAI.

How PBW Law Protects Your Position

From the moment you learn PIRC is involved, we advise you on your status, your rights and whether, when and how to give any account. We attend interviews, review disclosure and make representations to PIRC and the Crown. Throughout, we keep your wider career in view, including any misconduct, vetting or pension consequences that may follow. Professor Peter Watson, Solicitor Advocate, holds an individual Chambers ranking in Police Law and has represented officers in some of the most complex investigations and inquiries in Scottish policing.

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The Police (Ethics, Conduct and Scrutiny) (Scotland) Act 2025 is strengthening PIRC's role and changing how conduct matters are handled. We follow these reforms closely and can explain how they affect your case.

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Frequently Asked Questions

Should I speak to PIRC without a solicitor?

We strongly recommend taking legal advice before you give any statement or attend any interview, whether you are a witness or a suspect. What you say may be relied on in criminal, misconduct and FAI proceedings. Early advice helps you give a complete and accurate account without unnecessary risk.

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What is the difference between being a witness and a suspect?

A witness is someone PIRC believes can help establish what happened. A suspect is someone PIRC believes may have committed an offence, and has the protections that come with that status, including the right to legal advice and the right not to answer questions. Your status can change during an investigation, which is why advice from the outset matters.

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Will my legal costs be covered?

Members of the Scottish Police Federation or another staff association may be able to apply for legal assistance. We regularly act for officers funded by representative bodies, and we can also act on a private basis.

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How long does a PIRC investigation take?

It depends on the seriousness and complexity of the case. Some investigations conclude within months. Those involving a death or a possible prosecution can take considerably longer, particularly while the Crown considers PIRC's report. We keep you informed throughout and press for progress where delay is affecting you.

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If PIRC has contacted you, or you expect it to, call us on 0141 439 1990. Out of hours, call 07802 884830.

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