Overarching principles of early engagement and communication

There is a statutory duty on policing, as set out in policing principles in the Police and Fire Reform (Scotland) Act 2012, to work in a manner which is collaborative with partners, accessible and engaged with local communities, and with a clear emphasis on prevention.

In seeking to fulfil the main purpose of policing in a way that is consistent with the principle of policing by consent and the statutory principles of engagement and accessibility, Police Scotland staff will work proactively - and at the earliest practicable stage of a new strategy, policy or practice development process - with SPA staff, where the issue is assessed as likely to be of significant public interest. The joint objective should be, as soon as possible, to generate transparent public discussion and engagement on the issue, to enable the widest civic awareness, assurance and contribution to it, and to inform decision-making.

The impacts and benefits of many policy issues within policing are felt across communities and civic partners, including local government. Early Police Scotland engagement with the SPA should identify these impacts and benefits. Associated risks, whether relating to service quality, reputational, governance or public confidence matters should also be identified and where possible proactively mitigated through an agreed co-ordination plan.

The Joint MOU will apply to new and emerging areas of strategy, policy or practice, but the use of the Protocol should lead to the identification of broader, thematic, issues for policing meriting broader strategic discussion. For example, Police Scotland may seek to introduce new technologies to protect citizens against the growing range of digital threats and risks. There is, however, the need for a wider, contextual, discussion about the appropriate balance of duties of policing in Scotland, alongside the safety and privacy expectations and rights of the public.

Police Scotland will build on its consistent demonstration of, and commitment to, ethical policing and its organisational values of integrity, fairness, respect and commitment to upholding human rights. Openness and transparency in its decision-making on significant matters of new strategy, policy or practice aims to further strengthen the principle of policing by consent across all Scottish communities.

The Chief Constable’s responsibilities for improving the safety and well-being of persons, localities and communities in Scotland often require dynamic and responsive decision making. The Chief Constable is required and empowered in statute and common law to take such decisions in relation to strategy, policy or practice as circumstances require. It may not, therefore, be possible for this Memorandum of Understanding to cover every situation or eventuality that may arise as the Chief Constable discharges these responsibilities. In those exceptional circumstances the spirit of the Memorandum of Understanding should be applied.