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Published: 06 September 2023

Terms of Reference

Category: Corporate Document
Commitee: Legal Committee

Report Summary

This document outlines the terms of reference, purpose and scope of the Authority's Legal Committee. 

Meeting

The publication discussed was referenced in the meeting below

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Meeting of the Scottish Police Authority - 24 August 2023

Date : 24 August 2023

Location : COSLA, Edinburgh


Purpose and Scope

The Committee shall provide oversight and scrutiny of the arrangements the Authority and Police Scotland have in place for the handling of legal actions, claims and appeals, and the provision of legal assistance and legal expenses

The Committee shall authorise, where necessary, settlement of legal actions and claims against the Chief Constable and the Authority.

The Committee shall determine appeals from police officers and former police officers whose applications for assistance with the payment of legal expenses in relation to civil and criminal proceedings , or in connection with Fatal Accident or Public Inquiries, have been rejected, and to consider and approve the arrangements for granting such assistance.

The Committee shall provide instructions to Authority solicitors where required.

Meetings will be used to:

  • Consider and approve settlement of civil legal actions and claims (including claims raised in the Employment Tribunal) against the Authority and/or the Chief Constable within the financial authorisations contained within the Authority’s Governance Framework.
  • Consider and provide instructions on legal matters, including agreements and memoranda of understanding, and civil legal actions and claims, including matters which may be considered novel or contentious, include ethical or substantial reputational issues, or are of significant public
  • Consider and approve, as appropriate, the arrangements for dealing with applications by police officers and former police officers for legal assistance in respect of unlawful acts committed in the execution of their duties, including any changes to the SHHD Circular18/1978.
  • Consider, approve and provide instruction on, as appropriate, the arrangements for, and any issues arising from, the provision of legal expenses insurance.
  • Consider, approve and provide instruction on, as appropriate, the arrangements for, and any issues arising from, the provision of legal expenses insurance.
  • Determine appeals from police officers and former police officers for legal assistance in relation to: criminal and civil proceedings raised against the officer in respect of alleged unlawful acts committed in the execution of their duties; for Fatal Accident and Public Inquiries in which possible allegations of irregularities in police procedure or conduct may result, where applications for legal assistance have been rejected by the Chief Constable. 
  • Monitor the handling of legal actions, claims and appeals within the remit of this Committee; seek information on themes, trends, and lessons learned as appropriate; and
  • Consider such other matters as required by the Board.

 


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