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.