Public decisions should survive public questions.

Question file 001

Layperson's question file

LJBD / POL / 001 · Scotland · Updated 1 August 2026

When police say
“It’s a civil matter”

This file does not assume the classification is wrong. It helps a layperson separate the reported conduct, possible civil consequences, possible offences, evidence, recording decision and investigation decision.

When reported conduct could amount to both a civil wrong and a criminal offence, what test was applied, what possible offences were considered, what evidence was examined, who made the classification and where is that decision recorded?

The same facts can create civil rights and criminal offences. A civil relationship does not immunise criminal conduct, but not every civil wrong is a crime. “Civil matter” is not precise enough to show whether police concluded that no crime was disclosed, no present evidence supported it, no deployment was required, or no further investigation was proportionate.

01

Contact assessment

Police Scotland states that every public contact is assessed using THRIVE: Threat, Harm, Risk, Investigative Potential, Vulnerabilities and Engagement.

02

Crime reporting

Police Scotland identifies 101 as a route for reporting non-emergency crimes already committed, including theft and property damage.

03

Service complaints

Police Scotland states that a complaint may concern an action, lack of action or the standard of service provided.

04

Independent review limit

PIRC says its Complaint Handling Review considers how a policing body handled the complaint. It does not reinvestigate the original incident itself.

A layperson should not have to guess why the phrase was used. These are possible explanations to clarify against the record, not conclusions to choose according to preference.

H1

Correct civil classification

The facts may disclose only a private-law disagreement. This remains a hypothesis until the facts and legal basis are stated.

H2

Insufficient particulars

The initial report may be too vague to disclose an offence. The test is whether reasonable clarification was sought before closure.

H3

No present investigative opportunity

A crime may be recordable even when no useful enquiry is presently available. Recording and investigation are separate questions worth exposing.

H4

Poor explanation or misclassification

The conclusion may be shorthand, incomplete or wrong. A review should be able to identify the decision-maker, evidence and recorded reason.

  1. 01

    What conduct was actually reported, stripped of later labels and assumptions?

  2. 02

    Which possible criminal offences were considered, and by whom?

  3. 03

    Was the conclusion made by a call handler, attending constable, enquiry officer or supervisor?

  4. 04

    Did the decision mean no crime was disclosed, no immediate deployment was required, or no further enquiry was considered proportionate?

  5. 05

    What documents, recordings, witnesses and digital material were known to exist at the time?

  6. 06

    Which of that material was obtained, viewed and preserved?

  7. 07

    Was an incident record created, and was a separate crime record considered?

  8. 08

    Was a THRIVE assessment recorded, including investigative potential and vulnerability?

  9. 09

    What reason was communicated to the person reporting the matter?

  10. 10

    What reason was recorded internally, and does it match the explanation given externally?

  11. 11

    Could a supervisor review the classification without forcing the reporter into a misconduct complaint?

  12. 12

    What effective route exists if evidence is lost while the classification is being challenged?

Not every record will be disclosable in every case. Record what you already have, ask what is preserved, and take the chronology to Citizens Advice or a solicitor if an individual decision or deadline matters. Do not send evidence to this site.

  • Initial 101 or online contact record, including date, time and incident reference
  • Audio recording or transcript of the initial report, where retained
  • STORM, crime-recording or equivalent incident entries disclosed lawfully
  • THRIVE assessment and any later reassessment
  • Officer notebook, electronic notebook and supervisory entries relevant to classification
  • List of evidence offered, evidence collected and evidence declined
  • Applicable crime-recording, call-resolution and supervisory-review policies
  • Written explanation of the review or closure decision
  • Retention schedule for recordings, body-worn video and digital evidence
  • Audit history showing material changes to the incident record
1Report

What was actually said?

2Record

What was entered and classified?

3Assess

Which risks and offences were considered?

4Enquire

What evidence was secured?

5Decide

Who concluded what, and why?

6Review

Can an error be corrected in time?

The narrow point

Ask what “civil matter” meant in this report.

The existence of complaints or review findings does not establish that a particular classification was wrong. The useful next step is to identify the act reported, the decision made, the reasons recorded, the evidence considered and the available review route.

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