Police Reform in Scotland
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het Tijdschrift voor de Politie – jg.77/nr.10/15 Focus on a ‘new start’ 39 Police Reform in Scotland Professor Nicho- The creation of Police Scotland in 2013 has sparked an important debate las R Fyfe, Direc- tor, Scottish Insti- about the nature of the relationship between police, politics and tute for Policing communities in contemporary Scotland. The impact of the developments Research & Associate Dean, (changes in both style and governance of policing) has been to create a School of Social Sciences, Univer- new politics and a new level of politicisation of policing. Following the sity of Dundee. resignation of the Chief Constable in 2015 and a change in Justice Minister, there is now a focus on a ‘new start’ for the national force. lthough it is common for people to talk of Scottish Government as a way of strengthening the connec- ‘British’ policing, the last 4 years have seen a tion between the police and local communities, the archi- remarkable divergence in the way the police are tects of reform also highlight the benefits of ending a very organised and governed between Scotland and uneven picture in terms of access to specialist policing Athe rest of the country. In England and Wales the Police resources. Critics by contrast, claim that reform has Reform and Social Responsibility Act 2011 has introduced brought about a significant local democratic deficit, a 43 locally elected Police and Crime Commissioners with strong focus on enforcement and the emergence of a ‘one responsibility for each police force budget and holding size fits all’ approach to policing for the whole of Scotland. chief constables to account. In Scotland, the Police and Fire Reform (Scotland) Act 2012 passed by the devolved The context to police reform in Scotland Scottish Parliament brought about the merger of Scotland’s The history of modern policing in Scotland (like that of eight regional police forces to create a national police England and Wales) is characterized by periods when local force. police forces have been merged to create larger regional The contrast between a commitment to localism in police organizations. In the 1850s, for example, there were policing in England and Wales and centralism in Scotland over 90 local forces in Scotland but only half this number could not be starker. Indeed, Scotland’s police reforms 100 years later. By the early 1970s the number of forces mark one of the most radical public sector reforms for a had halved again to 22 and by 1975 there were just 8 generation, and arguably the biggest change to the policing forces aligned with the boundaries of new regional authori- of Scotland since the nineteenth century. Not surprisingly ties. the creation of Police Scotland (which became operational Given this history, the merger of these 8 forces to create on 1st April 2013) has sparked an important debate about a single national police force in 2013 might seem like the the nature of the relationship between police, politics and inevitable end point in a process of force amalgamations. communities in contemporary Scotland. Presented by the Yet such an assumption would be misleading. The need for reform was set against a background of concerns about the economic crisis affecting the UK and the depth of public spending cuts required in Scotland. As a result a project to Public opinion was identify a ‘sustainable policing model’ was initiated within government in 2011 and a public consultation on reform far from supportive of carried out seeking views on 3 options: retaining the existing 8 forces but requiring enhanced collaboration; creating 3 or 4 larger regional forces through mergers; and national police in Scotland. establishing a new national police force. The key findings from these two initiatives were rather Less than 10% favoured different. The report of the Sustainable Policing Project was clear in its support of a national police force saying it this option would improve efficiency and allow for significant financial savings. The results of the public consultation published three months later suggested, however, that public opinion 40 Police Reform in Scotland het Tijdschrift voor de Politie – jg.77/nr.10/15 was far from supportive of this conclusion. There was very rity’. The strategic priorities for the SPA are set by Scottish limited support for a national force (less than 10% of ministers and the SPA must produce a three year strategic respondents favoured this option) with most responses plan as well as an annual police plan in consultation with favouring a regional structure. The consultation also the chief constable. highlighted anxieties about a national structure, including Third, the Act has made ‘local policing’ a statutory concerns that it would draw resources away from more requirement at the level of the 32 council areas. Each area rural and remote areas and concentrate these in the central has a local commander with responsibility for preparing a area of Scotland between Glasgow and Edinburgh. local policing plan and for consulting with the local coun- The diversity of views revealed by the public consulta- cil over this plan. The local council must also establish tion was mirrored among Scotland’s eight chief constables. arrangements for the scrutiny of local policing but the Act Most were in favour of retaining a regional structure, but does not prescribe what form this scrutiny should take. Sir Stephen House, chief constable of what was then Fourth, the Act sets out a normative vision for policing Scotland’s largest force, Strathclyde Police, was a strong in the form of a set of ‘principles’ which offer a narrative of advocate of the enhanced efficiency and effectiveness that policing based on partnership working, community well- a national police force could deliver (and in due course Sir being and harm reduction: Stephen became the first chief constable of the national the main purpose of policing is to improve the safety and police, Police Scotland). well-being of persons, localities and communities in Scot- In September 2011, 15 months after the need for reform land, and that the Police Service, working in collaboration was first raised, the Justice Minister announced to the with others where appropriate, should seek to achieve that Scottish Parliament that a bill to establish a national police main purpose by policing in a way which (i) is accessible to, force (and a new national fire service) would be introduced. and engaged with, local communities, and (ii) promotes In his speech he spelt out the three key objectives of measures to prevent, crime, harm and disorder (Police and reform: to protect and improve local services; create more Fire Reform (Scotland) Act, 2012, para.32). equal access to specialist support and national capacity; Informed by these principles, the duties of a police and strengthen the connections between services and officer are restated to include not only preventing and communities. detecting crime, maintaining order, and protecting life and property, but also to act with fairness, integrity and impar- The content of reform tiality, uphold fundamental human rights, and give ‘equal The 2012 Police and Fire Reform (Scotland) Act (hereafter respect to all people, according to the law’. the Police Reform Act) set out four major changes to policing in Scotland. First, it established a national police Emerging evidence of impact I: changes to the force under the direction and control of a chief constable style of policing with responsibility for the administration, allocation and As Police Scotland has become established two contras- deployment of resources and the provision of information. ting narratives have developed around its impact and Second, it established the Scottish Police Authority achievements. On the one hand, both Scottish Govern- (SPA) with responsibility for resourcing the police service, ment and Police Scotland have focused on framing the supporting continuous improvement, and holding the chief achievements of the national force in terms of a new constable to account. The chair of the SPA is appointed by public management discourse of efficiency, effectiveness Scottish ministers and the other board members are selec- and ‘benefits realisation’. According to Scottish Govern- ted (rather than elected) on the basis of possessing ‘the ment, reform is already delivering savings through the skills and expertise relevant to the functions of the Autho- rationalisation of the senior command structure and improvements in effectiveness by enhancing national capacity in areas like air support, major crime investigati- ons, and roads policing. At a broader level, Similarly, Police Scotland has provided a detailed self-assessment of how they perceive their progress however, a more critical towards delivering local community and policing priori- ties, improved collaborative working with partners, impro- ved delivery of specialist resources, establishing consis- narrative has emerged tent training, and the streamlining of command and control. In addition, through the establishment of the about the impact of Police Scottish Crime Campus the capacity and capability to tackle terrorism and serious and organised crime has been Scotland enhanced by co-locating specialists from Police Scotland along with staff from the UK National Crime Agency, Revenue and Customs, the public prosecutors office, and het Tijdschrift voor de Politie – jg.77/nr.10/15 Police Reform in Scotland 41 Of greatest significance in the debate about ‘Strathclydification’ has been the increasing use of the police tactic of ‘stop and search’ across Scotland. forensic services. These achievements are also linked to Stop and search how Police Scotland has been able to deliver on the Scot- Of greatest significance in the debate about ‘Strathclydifi- tish Government’s savings targets without any reductions cation’ has been the increasing use of the police tactic of in police officer numbers. ‘stop and search’ across Scotland. Before reform stop and search rates varied significantly across the old regional ‘Strathclydification of policing’ forces.