
Police union chief demands power "to save lives" after Kayden Moy beach death
Scotland's police union chief has demanded "more power to save lives" in the wake of Kayden Moy's tragic death.
David Kennedy, General Secretary of the Police Federation, said the force urgently needs new and robust legislation to stop and search under 16s for blades.
Kennedy said that although police work tirelessly across the country to keep youths safe, current stop and search powers"do not go far enough" to combat knife crime.
"The tragic stabbing of a 16-year-old is yet another stark reminder of the growing threat of youth violence on our streets.
"Police officers across Scotland are working tirelessly to keep the public safe, but we are operating with one hand tied behind our backs. Current stop and search powers do not go far enough to tackle the rise in young people carrying weapons.
"It has become increasingly difficult for police to deal with under 16s due to laws that were introduced to protect children and young people but, in fact, it does the opposite because police are left with their hands tied.
"We have to be able to conduct stop and searches and do that no matter what age they are. As it stands, you need to have reasonable cause to do so and that will be difficult to establish when it comes to youths.
"Youths are getting away with a lot in terms of crime nowadays and we urgently require new, robust legislation that empowers officers to act decisively and prevent violence before it happens.
"The law must evolve to reflect the reality our officers face every day. "
Kennedy echoed the calls of Scotland's former justice secretary Kenny MacAskill who also called for stronger stop and search powers to tackle the issue of youth violence in Scotland.
Speaking on Tuesday, MacAskill said: 'We need to get tough on the small minority of evil intent and support the majority to enjoy their childhoods and their youths.
'If that means bringing in more stop-and-searches, then so be it.
'Scotland has experienced violence like this before. Tragedies were happening and many lives were being ruined as a result of knife crime and youth violence.
'Through tough enforcement, harsh sentencing and targeting and diverting, we made society safer for young people. We need to go back to what we did because we turned the tide. The tide is coming back in and we need to address knife crime again.'
Justice Secretary Angela Constance said: 'My heart goes out to the family and friends of Kayden Moy and to any family who has lost a child or loved one in such horrific circumstances. The events of the weekend are tragic.
'We are of course committed to tackling violence and have invested more than £6 million since 2023 in the Violence Prevention Framework for Scotland to help divert people away from violence. This includes the work of YouthLink Scotland who deliver No Knives Better Lives and Medics Against Violence to help educate young people on the dangers of carrying knives.
'I fully recognise that it will be no comfort to any family who has been affected, but knife crime has fallen, with a 69% decrease in emergency hospital admissions due to assault with a sharp object between 2008-09 and 2023-24.
'In relation to stop and search, police officers have the power to carry out stop and search and this is an operational matter for Police Scotland.'
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The Herald Scotland
2 days ago
- The Herald Scotland
Widower continues tribunal claim against FOI Commissioner
Just weeks later, she was diagnosed with terminal cancer. She died in February 2025. One of her dying wishes was that her husband, Ian, push on with the case. The Commissioner's office is defending the claim. READ MORE The tribunal claim also raises wider concerns about who watches the watchdogs. The Commissioner is responsible for the "enforcement and promotion of Scotland's freedom of information laws", including "handling appeals about the way in which Scottish public authorities respond to information requests". Given the need to avoid political interference, the job comes with a certain degree of independence. But that means the postholder can only be removed by a supermajority in the Scottish Parliament. According to the claim, Helen enjoyed a good working relationship with the previous Commissioner, Daren Fitzhenry, but that changed after the appointment of David Hamilton, a former chair of the Scottish Police Federation, in October 2023. The tribunal papers submitted by Helen state that the relationship deteriorated rapidly. They go on to allege that at a January 2024 meeting, Mr Hamilton proposed an internal award called 'Margaret the Fox', named after a recently retired colleague, which Helen and two female colleagues found offensive due to 'the use of the word fox [having] negative connotations when referring to women". The Commissioner, in his legal defence, says the award was a tribute to a colleague's fondness for foxes and had been welcomed by the person in question. The claim also says she raised broader concerns about the 'introduction of a police culture', including staff feeling pressured to laugh at the Commissioner's jokes. The defence disputes that such concerns were raised in the way described. During a return-to-work call after a period of absence, the claim alleges Helen was told she was "being precious", "obsessing", and that "people do not like her". The Commissioner denies saying that people disliked her. In meetings, she was reportedly told she was "not agile", lacked a "can-do attitude", and had "failed in her job". One meeting allegedly ended with her being told to "be quiet" after raising financial concerns – an incident contested in the Commissioner's defence. On March 14, she emailed Mr Hamilton, stating: "All members of staff, including myself, should be treated with consideration, dignity and respect while at work. Your comments about me are incorrect and are having a detrimental effect on me. "You are not treating me fairly, with dignity or respect. I feel intimidated by you and discriminated against. The way you treat me, in person, in meetings and in writing, is unacceptable and also makes me feel belittled, anxious and not valued." She lodged a formal grievance five days later, citing "unreasonable treatment" and alleging discrimination, harassment and intimidation. She was then absent due to ill health. Helen submitted the claim in December. She died in February. (Image: agency) According to her claim, Mr Hamilton initially responded by saying a "bespoke arrangement" would be created to ensure an independent process was in place, but only upon her return to work. In March, he assigned another senior official, line-managed by him, to act as her main contact – despite Helen requesting someone else. The Commissioner disputes that the arrangements were inappropriate and later agreed to appoint an external independent investigator, contingent on confirmation of Helen's fitness to engage. In June, he reiterated that he would proceed with the grievance only once she confirmed she was medically fit. He added he had sought legal advice. Helen responded that her ill health had been caused by his conduct and she was willing and able to participate in the process. The claim alleges that on July 19, Mr Hamilton phoned Helen's trade union representative to suggest she was ignoring emails – something her tribunal documents say was untrue. The Commissioner says he simply asked for emails to be acknowledged. That same day, she was told her laptop and phone would be collected due to cyber-security protocols applying to staff absent for more than four months. Her legal team say she was also blocked from using pre-approved annual leave to extend her period of full pay, with leave cancelled three times in April, May and August. The Commissioner says she was paid in lieu and suffered no loss. In a letter dated August 13, Mr Hamilton wrote that "on conclusion of the internal grievance process, it is likely I will be investigating performance and disciplinary procedures". The letter provided no details of the alleged issues. Tribunal documents say Helen found this particularly upsetting and reiterated her request for the grievance to be investigated without delay. By October 21, Helen had still not been contacted by the promised investigator. She emailed Mr Hamilton again to say the delay was harming her health and that she felt she was being punished for lodging a grievance. He replied that same day, saying he had just returned to work and would respond after catching up. Helen resigned three days later. READ MORE In her resignation letter, she wrote: "It is now more than seven months since I submitted a formal grievance against you and you have refused to allow any of my grievances to be dealt with." She said his behaviour during her absence and while working had caused "enormous damage" to her health and left her with "no alternative but to resign". There is no suggestion of a link between the treatment Helen received and her cancer diagnosis. Before her resignation, she is understood to have been offered a financial settlement by the Commissioner, but it was rejected. Helen's lawyer, Tony McGrade, argues that the Commissioner's handling of the grievance process was "significantly below accepted standards". He told The Herald: "This case highlights the real dangers in there being no procedure in place to allow grievances against officials such as the Scottish Information Commissioner to be independently investigated. "This means that the person against whom an allegation of discrimination or unfair treatment is made decides whether that is investigated. This is simply wrong." Under the Freedom of Information (Scotland) Act 2002, the Scottish Information Commissioner is a statutory officeholder appointed by the Scottish Parliament and operates independently of government. Unlike most public sector roles, the Commissioner is not accountable to ministers or civil service structures, and complaints about their conduct are not subject to routine oversight. Removal from office requires a formal resolution passed by two-thirds of MSPs – a deliberately high threshold designed to protect the role from political interference. That resolution can be triggered if the Parliament is satisfied the Commissioner has breached the terms and conditions of office, or if it determines that it has lost confidence in the Commissioner's willingness, suitability or ability to do the job. Helen's husband believes this has created an accountability gap, making it extremely difficult for staff to challenge the Commissioner's actions through normal employment procedures or for Parliament to intervene when serious concerns arise. It is understood the matter has been raised informally with Alison Johnstone, the Presiding Officer of the Scottish Parliament, who confirmed the limited powers available to intervene in what is treated as an internal employment matter. Those close to the case say the aim of the legal action is not financial compensation, but accountability – though Mr Hamilton strongly contests the allegations. The Commissioner said it "fully intends to defend its position in the Employment Tribunal" but that it "would be entirely wrong to make any comment on the substance of the claim until the Tribunal has considered the full evidence and issued a judgment." "The Commissioner will accordingly respect that process, being of the view that this is covered by the law relating to contempt of court, and will be making no comment until the appropriate time."


Daily Mail
4 days ago
- Daily Mail
Police in legal threat after Sheku Bayoh judge refuses to quit despite row over bias
An inquiry into the death of a man in custody amid claims of police brutality faces the threat of legal action after its chairman cleared himself of bias allegations. Lord Bracadale decided not to recuse himself as head of the Sheku Bayoh probe after ruling there was no possibility that he was biased – but it could be derailed by a judicial review. The Mail understands the Scottish Police Federation (SPF), which had called for the retired High Court judge to step down, is now considering going to court to press for him to go. It had claimed Lord Bracadale's decision to meet Mr Bayoh's relatives on five occasions raised questions over his impartiality – claims he has dismissed. The statutory probe into the death of Mr Bayoh has cost £25.6million, but the total cost to taxpayers - including the sums spent by bodies such as police and prosecutors - is more than £50million. Mr Bayoh, 31, originally from Sierra Leone in west Africa, died after he was restrained by around six police officers who were called to Hayfield Road in Kirkcaldy, Fife, on May 3, 2015. After considering the matter, Lord Bracadale said he had refused the application for his recusal. He said: 'Having reviewed the facts, the fair-minded and informed observer would conclude that there was no real possibility that I was biased.' Lord Bracadale said such an observer would note that 'although the meetings with the families of Sheku Bayoh were private, they were not kept secret'. A spokesman for the inquiry said: 'The inquiry held a procedure and conduct hearing on June 12. 'After careful consideration of written and oral submissions from core participants, Lord Bracadale has decided not to recuse himself or terminate the appointments of the assessors. 'Having regard to the relevant legal test, he has determined there is no apparent bias. 'Taking into account various considerations in respect of the handling of the inquiry, he has determined having meetings with the families was not unfair. 'There is much important work for the inquiry still to do, not least proceeding with closing submissions and moving towards the writing of the final report. 'The team is working at pace and will announce next steps in due course.' The inquiry has been examining the circumstances of Mr Bayoh's death, and whether race was a factor. Last night an SPF spokesman said: 'Any fair-minded observer would be concerned when it is revealed that there have been five meetings with a core participant family, without the knowledge of the other core participants. 'The inquiry's legal team asserted that no evidence was discussed at these meetings, it subsequently transpired that was not the case. 'Lord Bracadale has never asked for a meeting with former PC Nicole Short, who was assaulted in May 2015 in the line of duty and who has been unable to return to work as a result of her injuries. 'Police officers will continue to call for a fair and transparent hearing, based on the evidence alone.' It is understood SPF lawyers are looking at Lord Bracadale's judgment as they prepare for a possible judicial review of his decision. In a statement issued on behalf of the Bayoh family, lawyer Aamer Anwar said the decision was 'humiliating and devastating' for the SPF. Mr Anwar said Lord Bracadale 'has done nothing wrong - he is a judge with over 50 years' legal experience, respected for his impartiality and integrity'. He said: 'There is nothing wrong with the chair treating a bereaved family with compassion and respect.' The Mail revealed last month that police chiefs held three unminuted meetings with the family of Mr Bayoh, fuelling a row over alleged bias against the officers involved. Senior officers met relatives of the father-of-two - but no record was kept of what was discussed. The last of the meetings took place after Lord Bracadale's hearing into his suitability to continue in his role back in June. In June, the Mail revealed up to ten members of the Bayoh family had received compensation from Police Scotland - including a single award of more than £1million. Relatives of Mr Bayoh halted their attempt to sue the force in March after reaching an out-of-court settlement in relation to his death. Deputy First Minister Kate Forbes said: 'The Scottish Government remains committed to establishing the facts surrounding the circumstances leading to Mr Bayoh's death.'

Rhyl Journal
4 days ago
- Rhyl Journal
Chairman of Sheku Bayoh Inquiry decides against recusing himself
A procedural hearing ordered by Lord Bracadale was held in June after he revealed he has met with Mr Bayoh's family on five occasions since the inquiry began. Mr Bayoh, 31, a father-of-two, died after he was restrained by around six police officers who were called to Hayfield Road in Kirkcaldy, Fife, on May 3 2015. After considering the matter, Lord Bracadale has refused the application for his recusal. In a decision published on Wednesday, he said: 'Having reviewed the facts, the fair-minded and informed observer would conclude that there was no real possibility that I was biased.' He said such an observer would note that 'although the meetings with the families of Sheku Bayoh were private, they were not kept secret'. The application for recusal of the chairman and assessors was lodged on behalf of the Scottish Police Federation, Pc Craig Walker and Nicole Short. A spokeswoman for the inquiry said: 'The inquiry held a procedure and conduct hearing on June 12. 'After careful consideration of written and oral submissions from core participants, Lord Bracadale has decided not to recuse himself or terminate the appointments of the assessors. 'Having regard to the relevant legal test, he has determined there is no apparent bias. 'Taking into account various considerations in respect of the handling of the inquiry, he has determined having meetings with the families was not unfair. 'There is much important work for the inquiry still to do, not least proceeding with closing submissions and moving towards the writing of the final report. The team is working at pace and will announce next steps in due course.' The inquiry has been examining the circumstances of Mr Bayoh's death, and whether race was a factor. In a statement issued on behalf of the Bayoh family, lawyer Aamer Anwar said: 'Lord Bracadale, following an application by the Scottish Police Federation, PCs Craig Walker and Nicole Short to recuse himself and to terminate the appointments of the assessors Raju Bhatt and Michael Fuller, has refused to do so – he has delivered a humiliating and devastating indictment not just on the Federation but also the Solicitor General and Police Scotland. 'Despite their desperate claims, the chair Lord Bracadale has done nothing wrong, he is a judge with over 50 years' legal experience, respected for his impartiality and integrity. 'It comes as no surprise that both the Police Federation and Solicitor General failed to grasp that this inquiry's duty under the Human Rights Act is to conduct a thorough investigation into the death of Sheku Bayoh, having at the inquiry's heart the Bayoh family. 'There is nothing wrong with the chair treating a bereaved family with compassion and respect.' Scotland's Deputy First Minister Kate Forbes said: 'I note the detailed and extensive consideration that has informed Lord Bracadale's decision and hope all parties involved can progress the important work of the inquiry as soon as possible. 'The Scottish Government remains committed to establishing the facts surrounding the circumstances leading to Mr Bayoh's death. 'However, as it is vital all public inquiries operate independently of government, it would be inappropriate of me to comment any further.' A spokesperson for the Scottish Police Federation said: 'Any fair-minded observer would be concerned when it is revealed that there have been five meetings with a core participant family, without the knowledge of the other core participants. 'The inquiry's legal team asserted that no evidence was discussed at these meetings, it subsequently transpired that was not the case. 'Lord Bracadale has never asked for a meeting with former Pc Nicole Short, who was assaulted in May 2015 in the line of duty and who has been unable to return to work as a result of her injuries. 'Police officers will continue to call for a fair and transparent hearing, based on the evidence alone.'