Justice Sub-Committee on Policing
Detective Chief Constable Will Kerr
Police Scotland

By e-mail

All correspondence c/o:
Justice Sub-Committee Clerks
Room T2.60
The Scottish Parliament
Edinburgh, EH99 1SP
Tel: 0131 348 5220
justicecommittee@parliament.scot

13 May 2019

Dear DCC Kerr
Digital device triage systems
Thank you for providing evidence to the Justice Sub-Committee on Policing on 9 May
2019 on Police Scotland’s interim response to the Sub-Committee’s report on the
proposal to introduce the use of digital device triage systems (cyber kiosks) for use
by frontline police officers.
During the evidence session you referred to Police Scotland’s intention to establish
an ethics panel to consider future ICT developments. You agreed to provide the SubCommittee with details of the constitution of the panel, its terms of reference, and the
timetable for its establishment. It would also be helpful if you could clarify whether the
minutes of its meetings are to be published, and if so, where that information will be
located.
The duration of the Sub-Committee meeting did not permit Members to cover all of
the relevant areas relating to cyber kiosks and therefore it would be appreciated if you
could provide information in writing on a number of issues.
Police Scotland provided the Sub-Committee with the opinion of Murdo MacLeod QC
on the legal basis for the use of cyber kiosks. Could you please confirm the question
that Police Scotland asked Mr MacLeod to consider and the documents that were
provided to him?
Concerns were raised by stakeholders about the quality of the current law in this area,
particularly as regards its certainty, accessibility and foreseeability. Could you please
confirm whether Mr MacLeod was asked to address the concerns raised by
stakeholders in their evidence to the Sub-Committee?

 The legal opinion suggests that there is only a legal basis for searches without
warrants prior to apprehension in “urgent cases”. Could you please confirm whether
Police Scotland agree with this limitation on its power of search and provide details of
what would constitute an “urgent” case?
The legal opinion also suggests that in the case of witnesses or complainers a warrant
or consent would be needed to search a device. Could you please confirm whether
Police Scotland agree with this limitation on its power of search?
With regards to the new consent form that Police Scotland is developing, are you able
to confirm whether relevant stakeholders will be asked to provide input to the content
of the form, the timetable for completion, how the general public will be made aware
of the new form, and what Police Scotland intend to do with the mobile phones of
witnesses and victims in the meantime.
You indicated in the evidence session that the external reference group and the
stakeholder group are to consider the impact assessments on 11 June. Would it be
possible to provide the Sub-Committee with a copy of those assessments once they
are finalised?
In your interim response to the Sub-Committee’s report you indicate that Police
Scotland is to provide a more detailed response after it has had the opportunity to
discuss the report further with the Scottish Police Authority. In your evidence you
indicated Police Scotland’s intention to roll-out the cyber kiosks in late summer. The
Sub-Committee would expect a full response by Police Scotland to all of the issues
raised within its report for its consideration prior to any deployment of this new
technology.
It would be helpful to receive the information requested by Wednesday 5 June. I
appreciate that the final impact assessments may need to follow at a later date.
Yours sincerely

John Finnie MSP
Convener, Justice Sub-Committee on Policing

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