Report Summary
This Memorandum of Understanding (MOU) seeks to provide a guide to early and effective identification, and appropriate engagement, between both organisations when Police Scotland is considering a new and emerging strategy, policy or practice to improve the safety and wellbeing of persons, localities and communities in Scotland, and which are likely to be of significant public interest.
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Meeting
The publication discussed was referenced in the meeting below
Meeting of the Scottish Police Authority - 30 June 2021
Date : 30 June 2021
Location : online
Operational independence and accountability of the Chief Constable
This MOU recognises the balance and alignment between (i) the Chief Constable’s operational independence and responsibilities, and (ii) the Chief Constable’s statutory accountability to the Scottish Police Authority as set out in Police and Fire Reform (Scotland) Act 2012.
The principle of operational independence of the Chief Constable and the Police Service in Scotland is long established at common law, and is a crucial feature in any democracy. Unambiguous respect for, and protection of, both the principle and practice of this operational independence is the most effective way of ensuring that Police Scotland can discharge its statutory duties and responsibilities fairly and consistently, and in a manner which has respect for the human rights of every citizen at its core.
The Police and Fire Reform (Scotland) Act 2012 sets out in statute the arrangements for policing in Scotland, including oversight and accountability provisions. The provisions of the 2012 Act underpin the critical common law principle of operational independence, making it clear that operational decision making rests with the Chief Constable, who is accountable to the people of Scotland, through the Scottish Police Authority, for the policing of Scotland. The 2012 Act provides that the Chief Constable must ensure that the policing of Scotland be carried out within certain parameters, and with due regard to the policing principles and strategic police priorities.
There is no provision in the legislation which allows Scottish Ministers or the Scottish Police Authority to direct the Chief Constable in relation to any specific operational activity. The Act specifically prohibits Scottish Ministers from providing direction in respect of a specific operation being (or to be) carried out by the Police Service, or the way in which the Police Service is carrying out (or is to carry out) a specific operation. The SPA are an important element of this protection from any political attempt to influence policing.
Therefore, nothing in this MOU will undermine or diminish the critical principle of the operational independence of the Chief Constable.
