<p>John McGowan: Reflections on the Police Service in Scotland (Jan 2016)</p><p>Old Police and Systems of Police</p><p>(1) Context - Development of Criminal Justice:</p><p> Post 12thC – development of Sheriffdoms (shires) + Royal Burghs and Burghs of Regality & Barony. Sheriffs and Bailies with administrative and judicial functions; </p><p> 1583 - Golden Charter vests Edinburgh Lord Provost with powers of Sheriff;</p><p> APS 1587c57 - Justice Court & Justice-Ayres twice yearly and attempt to appoint JPs;</p><p> APS 1587c88 - ‘King’s Advocate’ prosecution in public interest;</p><p> 1589 – James VI Commission appoints Edinburgh Bailies as JPs;</p><p> APS 1617c8 - JPs throughout Scotland, with 17 articles providing responsibility for constables, highways, licensing, prisons, wages, weights & measures etc.;</p><p> 1632 – Parliament House with Court of Session (civil matters) under Lord President;</p><p> APS 1672c16 – High Court of Justiciary & Circuit Courts (criminal matters – Lords Commissioners under Lord Justice General & Lord Justice Clerk);</p><p> APS 1701c6 – Procurator Fiscal can prosecute in public interest in local Courts, but private prosecutions still common under the principle of ‘moiety’; </p><p> Contrast Edinburgh Burgh Courts (Burgh, Bailie, Dean of Guild, Small Debts) with Leith Bailie Court (all civil & criminal cases); </p><p> Treaty of Union 1707, Article XIX entrenches Scottish legal system; and</p><p> Heritable Jurisdictions (S) Act, 1747 ends heritable Sheriff titles and enables appointment of Sheriffs Depute & Substitutes.</p><p>(2) Policing prior to 1800:</p><p> Watching & Warding – ancient (night watch) duties by burgesses under David I – Laws of the Four Burghs (Edinburgh, Stirling, Berwick and Roxburgh);</p><p> 1606-1625 – Edinburgh hired ‘nightly watches’ by 20 persons;</p><p> 1645 – Trained Bands (16 companies militia) until replaced in 1794 by Volunteers;</p><p> Royal Burghs – sett role of City/Town Officers under Bailies;</p><p> Shires - role of the ‘Crowner’ under Sheriffs Depute;</p><p> 1611 Order of Privy Council for part-time City Constables in Edinburgh;  APS 1617c8 (for JPs) also introduced constables in every parish, with 15 articles containing roles and responsibilities. Controlled by Bailies (in Burghs) and JPs (in shires). Amended by APS’s 1633c25, 1649c150 and 1661c38;</p><p> 1690 Edinburgh City Guard (3 Lt’s with companies of 30) under Lord Provost, funded by ‘watch money’;</p><p> 1724 Geo I Act for disarming Highlands + Rogue Money for policing;</p><p> *11 Geo III (1771), c36 – Cleansing, Lighting & Watching Eight Southern Districts;</p><p> 1787 – Edinburgh full-time constable for thieves & vagabonds;</p><p> 1797 – another Edinburgh full-time constable for beggars & vagrants; and</p><p> 1800 – Edinburgh has 40 part-time City Constables allocated to districts.</p><p>New Police</p><p>(3) Context – Urbanisation - Commerce & Industry - Regulations - Vagrancy & War:</p><p> 1801- 1811 Census (Scotland – circa 1.6m to 1.8m or 12.5%)</p><p>(Edinburgh – circa 67,000 to 82,000 or 22%)</p><p>(Leith – 15,000 to 20,000 or 33%)</p><p>(Glasgow – 77,000 to 100,000 or 28%)</p><p> Traffic Regulation (S) Act, 1772 and local Regulations for Licensed premises, Hackney Coaches & Chairs, Porters (who delivered coals) and Firemen etc;</p><p> 1793 - 1801 – French Revolutionary Wars & 1803-1814 Napoleonic Wars; and</p><p> 1799-1800 dearths – Edinburgh Society for Bettering the Conditions and Comfort of the Poor, chaired by Rev. George Baird – and role of Patrick Colquhoun, London.</p><p>(4) Police post 1800:</p><p> 40 Geo III (1800), c88 – Glasgow Police with General & (elected) Resident Commissioners; rate assessments over 24 Wards; and executive Master of Police, 2 sergeants, 6 constables & 68 watchmen for ‘guarding, patrolling and watching’;</p><p> 1803 increase to 60 City Constables with prescribed ‘bounds’;</p><p> 45 Geo III (1805), c21 – Edinburgh City Police divides city into 6 Wards with rate assessments; and General & (elected) Resident Commissioners on £10 franchise. This Board of Police appoints:</p><p>- An executive Superintendant (sic) of Police (John Tait WS, 1805-1812); - Head Constable & 6 constables based at new Police Court, Riddells Close with Superintendant also Judge of Police exercising summary jurisdiction (powers of Sheriff Substitute). Over 12,000 summary cases 1805-1812; </p><p>- 6 Inspectors of Police based at watch house in each Ward; and</p><p>- 14 sergeants & 88 watchmen (10 day patrols) with beat-patrols from watch boxes.</p><p>Police have ‘social’ roles (fires, licensing, missing persons, sudden deaths, aliens, billeting and militia responsibilities) as well as law enforcement and maintenance of public order.</p><p>(5) Modern Police post 1812:</p><p> Board of Police in Burghs (later Police Authority) continue to exercise democratic governance & oversight of the Police and accountability of the Chief Officer;</p><p> Jurisdiction of continuing Edinburgh Police Court reverts to the Bailies as Magistrates and is adopted in 1813 at Glasgow;</p><p> 1832 - Parliamentary & Municipal Reform Acts - £10 franchise;</p><p> 1833 – Burgh Police (S) Act – permissive;</p><p> 1839 – Rogue Money (S) Act – Amends 1724 Act and Commissioners of Supply create majority of the Shire/County Police with Chief Constables in 1840;</p><p> 1850 – Police of Towns (S) Act – towns > 1,200 to appoint Superintendents;</p><p> 1853 – Select Committee on Police in Scotland (57 Burgh & 32 County Police);</p><p> 1856 – role of elected Police Commissioners passes to elected Councillors;</p><p> 1857 – Police (S) Act – appointment of Chief Constable now mandatory in shires + HMIC(S) created for effectiveness & efficiency + part funding by Government;</p><p> 1862 – Glasgow adopts Chief Constable rank;</p><p> 1878 – Edinburgh adopts Chief Constable rank after Superintendent Thomas Linton (1833 - 1878) and prosecution role in Police/Burgh Courts revert to PF;</p><p> 1889 - Local Government (S) Act new County Councils (Police forces > 7,000 pop);</p><p> 1892 – Burgh Police (Scotland) Act – remaining Burghs adopt CC rank;</p><p> 1960/62 – Royal Commission on the Police – (minimum Force 500 > 250,000 pop);</p><p> 1967 – Police (Scotland) Act – ‘guard, watch and patrol’ roles and responsibilities;</p><p> 1975 – Local Government regionalisation reduces 18 to 8 Forces in Scotland;</p><p> Enforcement –v- Service –v- Partnership Models of Policing. (6) Context - Police Service of Scotland (2013):</p><p> Growing centralisation since 2000 – Police, Public Order and Criminal Justice (S) Act, 2006 (Scottish Crime & Drugs Enforcement Agency + Scottish Police Services Authority) - HMCICS Independent Review of Policing in Scotland (2009) – Scottish Policing Performance Framework; and</p><p> Christie Commission - The Future Delivery of Public Services (2011) – 12% squeeze on public spending 2010 to 2015.</p><p>(7) Police Scotland:</p><p> Police & Fire Reform (S) Act, 2012 – single structure (previous 33 reduced to 11 executive ranks, with 17,000 officers) under Scottish Police Authority (Non- Departmental Public Body – 13 members).</p><p> Strategic Priorities & Strategic/Annual/ 32 Local Police Plans.</p><p> Social role – 4,000 violent/sex offenders; 10,000 accidents; 8,000 sudden deaths; 20,000 licensed premises; 33,000 missing persons; 60,000 drug addicts; 200,000 firearms; Disclosure Scotland & Protection of Vulnerable Groups Scheme.</p><p> Law Enforcement role – 860,000 crimes & offences + 139,000 FPN/COPFS. </p><p> Public Order role – National Risk Register for Civil Emergencies.</p><p>SOURCES:</p><p> Policing the Metropolis of Scotland: A History of the Police and Systems of Police in Edinburgh and Edinburghshire, 1770-1833;</p><p> A Tale of Two Cities: Concerning the Robbery in July 1811 of the Paisley Union Bank at Glasgow; and</p><p> A New Civic Order: The contribution of the City of Edinburgh Police, 1805- 1812; With Reflections on Social and Public Order.</p><p>Contact [email protected] for further enquiry & available as e-books on Google Books at £1 each.</p>