Police have been reprimanded after a woman alleged she was seriously assaulted when officers released a man into her company despite him having a court order to stay away from her.
The 31-year-old woman claimed she was attacked and her hand was fractured after the man, who had been arrested as a suspect in a robbery, was taken back to his home in Fife by officers while she was there.
She later denied the man was responsible for her injury, which she claimed was due to a previous unrelated incident.
However, the Police Investigations and Review Commissioner has told Police Scotland to ensure bail and other checks are completed and recorded before arrested people are released from custody.
The incident happened on June 22, last year, when the 34-year-old man, who was on bail for two separate matters, was arrested at his house in connection with a robbery in April.
Officers saw the woman there, despite it being a condition of his bail for another matter that he should not approach or make contact with her.
While he was in custody in Dundee it was discovered the man had already been arrested in May for the robbery but the information had not been updated on the Police National Computer.
The PIRC investigation found Police Scotland staff failed to carry out checks on his criminal history system (CHS) record — either prior to the man’s arrest or custody —and had they done so they would have known to arrest him for breaching a bail condition.
A statement issued by the PIRC said: “The incident was referred to the PIRC by Police Scotland on June 25, 2018.
“The investigation looked at the actions of police officers and staff involved, the information available on police systems in relation to the man and whether the assault on the woman could have been prevented.
“During the course of the investigation, the woman withdrew her initial account that the man had assaulted her and said that her injury had been caused during a previous unrelated incident.
“The PIRC report made a number of recommendations to police, including that officers be reminded of the requirement to update the PNC when a person has been traced; that they are trained in and understand the different information held on police systems; they ensure that bail and other checks are completed before arrested persons are released from custody and that these checks are recorded in custody systems.”
The investigation found police had failed to cancel a marker on the PNC instructing the man’s arrest after he had been arrested in May.
It also concluded officers who attended the incident on June 22 would have been aware the man had breached a bail condition if they had requested information from the CHS as well as the PNC.
