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Published: 15 September 2023

Memorandum of Understanding (MOU) - May 2024

Report Summary

This Memorandum of Understanding (MOU) seeks to provide a guide to early and effective identification, and appropriate engagement, between the Scottish Police Authority and Police Scotland when it 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

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Meeting of the Scottish Police Authority - 23 May 2024

Date : 23 May 2024

Location : The Grand Hall, Merchants House, 7 West George Street, Glasgow, G2 1BA


Areas and issues covered by this Memorandum of Understanding

The Police Scotland Lead will ensure, wherever possible, early engagement with the SPA Chief Executive over the relevant issue, to assess whether the process described is appropriate and whether the issue meets the following criteria: namely, that it is likely to cause significant ethical, privacy or human rights concerns to be raised by stakeholders and the public, or to have a significant impact on public perceptions of, or confidence, in policing.

Police Scotland will ensure that, at the appropriate stage, any significant new strategy, policy or practice developments are subject to tests of legality and proportionality, Community Impact Assessments and Human Rights and Equality Impact Assessments. SPA staff will review these assessments, and may seek assurances from Police Scotland on the details of the assessments and the degree to which there has been public engagement.

The SPA will actively collaborate in advance engagement with Police Scotland over new strategy, policies or practice development proposals which fall within the remit of this MOU.

The signing of this Memorandum of Understanding, by the Chief Constable and the Chair of the SPA Board, is an agreement that the principles herein should be applied as the default approach to the relationship between both organisations, in regard to policy development.

On occasion, there may be specific areas of strategy, policy or practice where it is appropriate - in the interests of both strategic alignment and tactical delivery - to appoint a SPA Staff Lead, as nominated by the SPA Chief Executive Officer, in addition to the Police Scotland Senior Lead, to act as Joint Leads for that specific issue. These appointments will be by the Chair of the SPA Board and the Chief Constable after discussion of the issue. The Chief Constable and SPA Chair may also consider whether it is appropriate to establish an Independent Advisory Group or dedicated SPA Oversight Group for this issue.


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