Police and Fire Reform (Scotland) Bill - Scottish Parliament

Jan 16, 2012 - (b) the Lord Advocate under section 12 of the Criminal Procedure (Scotland) Act. 1995 (c.46), ...... “the 2006 Act” means the Police, Public Order and Criminal Justice (Scotland). Act 2006 (asp 10),. 15. “annual ...... “(aa) deputy chief constable or assistant chief constable and who is authorised to act for the ...
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Police and Fire Reform (Scotland) Bill [AS INTRODUCED]

CONTENTS Section

PART 1 POLICE REFORM CHAPTER 1 THE SCOTTISH POLICE AUTHORITY 1 2 3 4 5

The Scottish Police Authority Functions of the Authority Maintenance of the police General powers of the Authority Directions CHAPTER 2 THE POLICE SERVICE OF SCOTLAND

6

The Police Service of Scotland The Police Service of Scotland

7 8 9 10 11 12 13 14 15 16

Constables: appointment, ranks and terms of office Senior officers Regular constables Special constables Constable’s declaration Ranks Constables: terms of office Rewards Senior officers: retirement for efficiency or effectiveness Constables: service outwith the Police Service of Scotland Temporary service as constable of the Police Service of Scotland

17 18

Chief constable Chief constable’s responsibility for the policing of Scotland Delegation of chief constable’s functions

19 20 21 22

Functions of constables Constables: functions and jurisdiction Constables: general duties Direction and control of the Police Service Failure to perform duty

SP Bill 8

Session 4 (2012)

ii 23 24

Police and Fire Reform (Scotland) Bill Failure to return equipment Liability for unlawful conduct Police cadets

25

Police cadets

26 27 28 29 30

Police staff Police staff Terms and conditions of police staff Police custody and security officers Certification of police custody and security officers False statements in relation to certification CHAPTER 3 FORENSIC SERVICES

31

Forensic services CHAPTER 4 PRINCIPLES, PRIORITIES, OBJECTIVES AND PLANS

32 33 34 35 36 37

Policing principles Strategic police priorities Strategic police plan Annual police plans Planning: role of chief constable etc. Planning functions: considerations CHAPTER 5 BEST VALUE

38 39

Best value Best value: further provision CHAPTER 6 ANNUAL REPORTS, ACCOUNTS, AUDIT AND EXAMINATION

40 41 42 43 44

The Scottish Police Authority’s annual report Accounts Audit Examination of Police Service by Auditor General Examinations of Scottish Police Authority by Auditor General CHAPTER 7 LOCAL POLICING

45 46 47 48

Local policing Local authority role in policing Duty to participate in community planning Local police plans

iii

Police and Fire Reform (Scotland) Bill CHAPTER 8 GOVERNANCE AND ADMINISTRATION OF POLICE 49 50 51 52 53 54 55 56

Governance and administration of police Appointments, promotions etc. Conditions of service Regulations: duties Disciplinary procedures: conduct and performance Personal records Consultation on regulations Regulations: supplementary CHAPTER 9 POLICE APPEALS TRIBUNALS

57 58 59 60

Right to appeal to police appeals tribunal Representation Determinations by tribunal Powers to obtain information CHAPTER 10 COMPLAINTS AND INVESTIGATIONS

61 62 63 64 65 66 67 68 69 70

Complaints handling The Police Investigations and Review Commissioner General functions of the Police Investigations and Review Commissioner Investigations under supervision of Lord Advocate or procurator fiscal Serious incidents involving the police Investigations of other matters in the public interest Investigations: procedure etc. Reports on investigations Investigations: obstruction and contempt Complaints against the Commissioner CHAPTER 11 HER MAJESTY’S INSPECTORS OF CONSTABULARY IN SCOTLAND

71 72 73 74 75 76 77 78 79

Her Majesty’s inspectors of constabulary in Scotland Assistant inspectors of constabulary Staff officers Functions of inspectors HMICS powers Duty to assist and co-operate with HMICS HMICS reports Power to give directions after adverse HMICS report HMICS annual report CHAPTER 12 CO-OPERATION, EXCHANGE OF INFORMA