POLICE officers in Scotland are avoiding official complaints procedures by resigning or retiring early.

According to figures obtained by The Herald under The Freedom of Information Act, scores leave the force each year whilst subject to misconduct investigations.

Last night pressure groups said the revelation demonstrated the urgent need for an independent police complaints body. Campaigners said it was vital officers should face the complaint before leaving the service.

In the past six years more than 90 officers escaped proceedings, which can last months or even years.

Since 2000, 24 officers from Lothian and Borders police retired while they had an outstanding complaint against them, either due to ill-health or after 30 years service. One officer from Grampian retired pending the outcome of a complaint and 18 officers retired from Central under similar circumstances.

In Strathclyde, 40 officers have resigned in the last six years before the conclusion of misconduct proceedings, and one officer was allowed to retire on grounds of ill-health immediately prior to the instigation of proceedings. In addition, a further 12 officers have left Tayside in the past 10 years with complaints still outstanding against them.

There is also concern that officers who leave following a complaint will still get access to their pension.

Only those convicted of serious or violent offences lose their pension rights. One of the few examples in Scotland is Adam Carruthers, formerly of Dumfries and Galloway Police, who was jailed for 12 years in 2001 after being found guilty of raping two women.

Those officers with more than 25 years service, aged 50 or above, or retiring on grounds of ill-health are categorised as "retiring" and usually have immediate access to their pension. Police leaving with less than 25 years service are regarded as "resigning" and do not generally have access to their pension until they are 60.

Police subject to criminal investigations, rather than internal complaints procedures, can leave the force but they are still liable to prosecution.

Although there were more than 2880 complaints made against the police last year, just 23% were referred to the procurators-fiscal because of alleged criminal conduct. Of internal and external complaints, only 78 were referred to a misconduct hearing, and of those referred to a hearing just three officers lost their job.

In 2003 Keith Cullen, deputy chief constable of Northern Constabulary, retired despite the fact he was supposed to face a disciplinary hearing over his handling of complaints after the death of a man, Kevin McLeod, in Wick eight years ago. The McLeod family said it was an "absolute disgrace".

Les Browne, founder of Search for Justice, a charity which helps those who believe they have suffered a miscarriage of justice, said the "system is unfair" and called for an independent police ombudsman".

Rosemarie McIIwhan, director of the Scottish Human Rights Centre, also believes an independent complaints body is required. "People should not be able to wriggle out of facing complaints investigations."

Each of the eight Scottish forces has a different policy on officers leaving during complaints, depending on the view of the chief constable. Chief constables in England and Wales have been encouraged to "tighten" these procedures.

Doug Keil, general secretary of the Scottish Police Federation, said he thought resigning or retiring while the subject of a complaint "is more likely to be a question of timing than . . . of trying to escape justice. A police pension can be forfeited but only for the most serious and exceptional circumstances which will almost certainly involve a lengthy custodial sentence. So the notion we have large numbers of officers resigning or retiring to save their pensions is simply not true."