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Police and Fire Reform (Scotland) Act 2012.
“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, and that I will uphold fundamental human rights and accord equal respect to all people, according to law.”.
17 Chief 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.
GUILTY.
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