1. Scottish Criminal Justice
Lecture 3: Policing in Scotland

2. Today’s questions How is the police in Scotland organised?
What do the police do?
What are the main police powers?

3. Police in England, Wales and Northern Ireland
Metropolitan Police

4. HOW IS THE POLICE IN SCOTLAND ORGANISED?

5. Police in Scotland pre-reform
Police (Scotland) Act 1967
SPSA

6. The former SPSA Information Services
Scottish Criminal Records Office (SCRO)
IT Services (SPIS)
Scottish Police College
Scottish Forensic Service
DNA
Drugs Analysis
Scene Examination
Fingerprints 
Scottish Crime and Drug Enforcement Agency (SCDEA)

7. Police in Scotland post-reform
Police and Fire Reform (Scotland) Act 2012

9. Post-reform policing structure
Scottish Parliament
Scottish Ministers
Scottish Police Authority
Chief Constable of Police Scotland
Local commanders
Strategic Plan
Annual Plan
Local Police Plan

10. Parliament Scrutiny Justice Sub-Committee on Policing
Section 124 of the 2012 Act requires the Scottish Parliament to make arrangements for keeping the provisions of the 2012 Act under review and reporting on its operation. A Justice Sub-Committee on Policing has been established to oversee the operation of the 2012 Act as it relates to policing.
Topics covered in last Parliamentary session: -
Responsibilities and governance arrangements Local policing Stop and search Armed police officers on routine patrols Call handling The i6 programme Complaints and investigations Independent custody visiting Realising the benefits of police reform

11. Scottish Police Authority
The Scottish Police Authority (‘SPA’) is a new public body. The SPA Board is made up of members appointed by the Scottish Ministers. The Board has delegated responsibility to a chief executive to provide support and advice on strategic decisions regarding various matters including finance and human resource. The SPA has the ability to appoint its own staff and may also engage police officers on secondment. It is also able to borrow money with the prior consent of Scottish Ministers

12. Scottish Police Authority
. Its responsibilities include:
promotion of the policing principles (as set out in section 32 of the 2012 Act) and continuous improvement in the policing of Scotland
preparation of a strategic policing plan (in conjunction with the Chief Constable)
provision of appropriate resources for the Police Service of Scotland (eg providing the Chief Constable with a budget to spend, buildings and equipment, as well as being directly responsible for the provision of forensic services to the police)
holding the Chief Constable to account for carrying out the responsibilities of the post (including the proper use of resources)
The SPA appoints the Chief Constable (as well as deputy and assistant chief constables). The appointment of the Chief Constable must be approved by the Scottish Ministers. The SPA can call on a senior officer (including the Chief Constable) to resign or retire from office in the interests of policing efficiency or effectiveness.

13. The Chief Constable
Chief Constable The Chief Constable of the Police Service of Scotland is responsible for policing in Scotland with particular responsibilities including:
direction and control of police officers and civilian police staff
day-to-day administration and planning within the Police Service of Scotland
ensuring that all local authority areas have adequate arrangements for policing designation of a local commander for each local authority area, with responsibilities relating to policing in that area
securing best value in the use of resources
preparation of annual police plans
involvement in the preparation of the strategic police plan

14. PESTEL Analysis Political Economic Social Technological Environmental
Legal

15. IS THE MOVE TO A SINGLE FORCE....
DISCUSSION TOPIC
IS THE MOVE TO A SINGLE FORCE....
A positive development?
A negative development?
It does not make any difference.

16. Activity Which of these are likely to happen as a result of police reform?
The police will be able to prevent and respond to threats crossing force boundaries more effectively.
The needs of local communities will not be met as effectively as before.
The police will be able to deploy more police officers where they are mostly needed.

17. Other police organisations
British Transport Police
Ministry of Defence Police
UK Civil Nuclear Constabulary
UK Border Agency

18. WHAT DO THE POLICE DO?

19. What do the police do? Pre Reform – Police Act 1967
General functions and jurisdiction of constables.
(1) Subject to the provisions of this Act, it shall be the duty of the constables of a police force—
(a) to guard, patrol and watch so as—
(i) to prevent the commission of offences.
(ii) to preserve order, and
(iii) to protect life and property;
(b) where an offence has been committed (whether within or outwith the police area for which the police force is maintained) to take all such lawful measures, and make such reports to the appropriate prosecutor, as may be necessary for the purpose of bringing the offender with all due speed to justice;
(c) to serve and execute when required any warrant, citation or deliverance issued, or process duly endorsed, by a Lord Commissioner of Justiciary, sheriff, or justice of the peace, being a warrant, citation, deliverance or process relating to any criminal proceeding;
(d) to attend any court of law for the purpose of giving evidence;

20. What do the police do? Police and Fire Reform (Scotland) Act 2012
Policing principles
The policing principles are—
(a) that the main purpose of policing is to improve the safety and well-being of persons, localities and communities in Scotland, and
(b) that the Police Service, working in collaboration with others where appropriate, should seek to achieve that main purpose by policing in a way which—
(i) is accessible to, and engaged with, local communities, and
(ii) promotes measures to prevent crime, harm and disorder.
Section 32

21. Police and Fire Reform (Scotland) Act 2012
What do the police do?
PRE-REFORM
Police (Scotland) Act 1967
POST-REFORM
Police and Fire Reform (Scotland) Act 2012
Guard, patrol and watch
Improve the safety and well-being of persons, localities and communities in Scotland
Ensure that offenders are brought with all due speed to justice
Engage with local communities
Promote measures to prevent crime, harm and disorder

22. What do the police do? Our Purpose Our Focus Our Values
To improve the safety and wellbeing of people, places and communities in Scotland
Our Focus
Keeping People Safe
Our Values
Integrity, Fairness and Respect
Police Scotland Annual Police Plan Executive Summary 2016/17

23. Constables Oath
The declaration, or oath, made by police officers on appointment was contained in the Police (Scotland) Regulations This declaration, made before a sheriff or justice of the peace, has been in place since 1892 and was as follows:
“I hereby do solemnly and sincerely and truly declare and affirm that I will faithfully discharge the duties of the office of constable.”
The 2012 Act “updated” and extended the declaration to include it, for the first time, in primary legislation. The declaration is:
"I, do solemnly, sincerely and truly declare and affirm that I will faithfully discharge the duties of the office of constable with fairness, integrity, diligence and impartiality, according to law”.

24. Integrity, Fairness and Respect

25. Police Scotland 2016-17 priorities

26. Police Scotland 2016-17 priorities

27. Police Scotland 2016-17 priorities

28. Police Scotland 2016-17 priorities

29. Police Scotland 2016-17 priorities

30. Police Scotland 2016-17 priorities

31. WHAT ARE THE MAIN POLICE POWERS?

32. Police Powers QUESTIONING ARREST DETENTION SEARCH TAKING OF SAMPLES
Criminal Procedure (Scotland) Act 1995
 Criminal Procedure (Legal Assistance, Detention and Appeals) (Scotland) Act 2010
QUESTIONING
ARREST
DETENTION
SEARCH
TAKING OF SAMPLES

33. USE OF FORCE

34. CROWN PROSECUTION SERVICE
Investigation
Charge
CRIME
CROWN PROSECUTION SERVICE
Witness
Suspect
Accused
Questioning
Questioning
Detention
Arrest
Detention
Search
Taking of samples
The police are not required to administer any form of caution.
The witness has no obligation to answer questions. EXCEPTION: TERRORISM
The witness has an obligation to give their name and address.

35. CROWN PROSECUTION SERVICE
Investigation
Charge
CRIME
CROWN PROSECUTION SERVICE
Witness
Suspect
Accused
Questioning
Questioning
Detention
Arrest
Detention
Search
Taking of samples
The police are required to caution a person who is to be charged.
Since 2010, the police are required to offer the suspect a private consultation with a lawyer prior to interviewing and at any other time during the interview at the suspect’s request. CADDER v HMA
The suspect has no obligation to answer questions.

36. CROWN PROSECUTION SERVICE
Investigation
Charge
CRIME
CROWN PROSECUTION SERVICE
Suspect
Accused
EVIDENCE
ADMISSIBLE
IF FAIRLY OBTAINED
INADMISSIBLE
UNLESS VOLUNTARILY PROVIDED

37. CROWN PROSECUTION SERVICE
Investigation
Charge
CRIME
CROWN PROSECUTION SERVICE
Witness
Suspect
Accused
Questioning
Questioning
Detention
Arrest
Detention
Search
Taking of samples
The police may arrest a suspect if they are in the act of committing a crime, about to abscond or if they are of no fixed abode.
If the suspect can simply be charged and then released for citation, arrest is not justified.

38. CROWN PROSECUTION SERVICE
Investigation
Charge
CRIME
CROWN PROSECUTION SERVICE
Witness
Suspect
Accused
Questioning
Questioning
Detention
Arrest
Detention
Search
Taking of samples
Since 2010, a suspect may be detained for a maximum of 12 hours. This period can be extended by a further period of 12 hours if necessary to secure, obtain or preserve evidence relating to an indictable offence.
Since 2010, the suspect has a right to a lawyer during his/her detention.
Children under 16 are allowed access to their parents unless they have been involved in the crime.
A suspect is entitled to have intimation of his/her custody and of the place where he/she is being held sent to a person reasonably named by him.

39. CROWN PROSECUTION SERVICE
Investigation
Charge
CRIME
CROWN PROSECUTION SERVICE
Witness
Suspect
Accused
Questioning
Questioning
Detention
Arrest
Detention
Search
Taking of samples
As a general rule a person may not be searched (unless detained or arrested) nor may premises be searched unless a court has granted a warrant for that purpose.
Unless suspected of being in possession of drugs, weapons or stolen property OR suspected of terrorist activity OR a serious violent incident has taken place.

40. CROWN PROSECUTION SERVICE
Investigation
Charge
CRIME
CROWN PROSECUTION SERVICE
Witness
Suspect
Accused
Detention
Questioning
Questioning
Arrest
Detention
Search
Taking of samples
A constable may take certain samples from a person who has been either arrested or detained provided that he has the authority of an officer of a rank no lower than that of inspector. They may use reasonable force to obtain such samples.
These records should be destroyed if no proceedings are taken or the person is found not guilty.

41. CROWN PROSECUTION SERVICE
Investigation
Charge
CRIME
CROWN PROSECUTION SERVICE
Witness
Suspect
Accused
Questioning
Questioning
Detention
Arrest
Detention
Search
Taking of samples
An arrested person should be brought before court as soon as possible.
In summary cases, the police may release the accused on an undertaking.

42. Who can the police question in relation to a crime?
QUIZ
Who can the police question in relation to a crime?
Only someone who is considered to be a suspect.
Anyone.
Only someone who has been charged with a crime.

43. Is a person questioned by the police obliged to answer questions?
QUIZ
Is a person questioned by the police obliged to answer questions?
Yes, in any case.
Yes, if in the presence of a solicitor.
No.

44. QUIZ
Is evidence obtained during the questioning of a suspect admissible to court?
Yes, in any case.
Yes, if it was fairly obtained.
No.

45. QUIZ
Is evidence obtained by someone who has been charged with a crime admissible to court?
Yes, in any case.
Yes, if it has been provided voluntarily by the person.
No.

46. For how many hours can someone be lawfully detained?
QUIZ
For how many hours can someone be lawfully detained? 6 12 18

47. Who is a person under 16 allowed to see during their detention?
QUIZ
Who is a person under 16 allowed to see during their detention?
A solicitor.
Their parents.
Both.

48. Can someone who is being detained be searched without a warrant?
QUIZ
Can someone who is being detained be searched without a warrant?
Yes, in any case.
Yes, if they provide their consent.
No.

49. Can someone who is being detained have his/her fingerprints taken?
QUIZ
Can someone who is being detained have his/her fingerprints taken?
Yes, in any case.
Yes, if they provide their consent.
No.

50. What will happen to most people before they go to court?
QUIZ
What will happen to most people before they go to court?
They will be charged and cited to appear in court on a specific date.
They will be arrested and detained in custody until the date of the court hearing.
They will be arrested and then released on an undertaking to appear in court on a specific date.

51. THE CROWN OFFICE AND PROCURATOR FISCAL SERVICE
In the next lecture
THE CROWN OFFICE AND PROCURATOR FISCAL SERVICE