PART 1Police reform

CHAPTER 2The Police Service of Scotland

Chief constable

17Chief constable’s responsibility for the policing of Scotland

1

The chief constable is responsible, and must account to the Authority, for the policing of Scotland.

2

In particular, the chief constable—

a

has direction and control of the Police Service (see section 21),

b

is responsible for the day to day administration of the Police Service, including the allocation and deployment of resources received from the Authority,

c

is to be involved in the preparation of the strategic police plan and the Authority’s annual report (see sections 34(4)and 39(4)),

d

is to prepare annual police plans (see section 35),

e

must seek to secure continuous improvement in the policing of Scotland (see section 37(2)),

f

must designate local commanders and ensure that adequate arrangements are in place for the policing of each local authority area (see section 44), and

g

may be required to provide the Authority with information relating to the Police Service, policing or the state of crime (see sections40(3),60(4) and 84(3)).

3

The chief constable must, when directing constables, police cadets and police staff in the carrying out of their functions, comply with any lawful instruction given by—

a

the appropriate prosecutor in relation to the investigation of offences,

b

the Lord Advocate under section 12 of the Criminal Procedure (Scotland) Act 1995 (c.46),

c

the Lord Justice General, or

d

the sheriff principal for the place in which the functions are to be carried out.

4

The chief constable must seek to ensure that the policing of Scotland is done—

a

with due regard to the policing principles, and

b

in accordance with—

i

the strategic police priorities,

ii

the most recently approved strategic police plan, and

iii

the relevant annual police plan.

5

The chief constable must ensure that the policing of Scotland is done with due regard to any recommendations made or guidance issued by the Authority on the policing of Scotland.

6

Any recommendation made or guidance issued by the Authority for the purposes of subsection (5) must not be inconsistent with—

a

the strategic police priorities,

b

the most recently approved strategic police plan,or

c

any guidance or instructions issued to the chief constable by the Lord Advocate or a procurator fiscal in relation to the investigation or reporting of offences.