Report Summary
The Scottish Police Authority responded to a Scottish Government consultation on the Police (Ethics, Conduct and Scrutiny) Bill. This was submitted on 6 December 2024.
This should be read alongside the Authority’s additional written submission on the Bill.
This PDF document above captures the Authority's submission to a Government consultation which was conducted via an online survey.
To view as accessible content please use the sections below.
Liability of the Scottish Police Authority for unlawful conduct of the Chief Constable
Police conduct
Sections 4 to 8 of the Bill are concerned with procedures for dealing with, and the consequences of, certain types of police conduct.
Section 4 of the Bill seeks to address a possible gap in legislation about the consequences of certain conduct on the part of the Chief Constable.
It would amend the 2012 Act to make the Scottish Police Authority (SPA) liable for any unlawful conduct by the Chief Constable in the carrying out of their functions. In doing so, it would align the treatment of unlawful conduct by the Chief Constable with the existing treatment of unlawful conduct by other constables (which provides for the Chief Constable to be liable for the unlawful conduct of constables).
Q: Do you have any views on the proposal for the SPA to be liable for the unlawful conduct on the part of the Chief Constable in the carrying out of their functions?
A: The Authority supports this provision in the Bill.
