Police (Scotland) Act 1967 (repealed)

Part IIIE+W+S Miscellaneous and General

Remedies and complaints against policeS

39 Liability for wrongful acts of constables.S

(1)The chief constable of a police force shall be liable in [F1for any unlawful conduct] on the part of any constable [F2or police custody and security officer] under his general direction in the performance or purported performance of his functions in like manner as a master is so liable [F3for any unlawful conduct] on the part of his servant in the course of the servant’s employment.

(2)The police authority shall pay—

(a)any damages or expenses awarded against the chief constable of a police force in any proceedings brought against him by virtue of this section and any expenses incurred by him in any such proceedings so far as not recovered by him in the proceedings; and

(b)any sum required in connection with the settlement of any claim made against the chief constable of a police force by virtue of this section, if the settlement is approved by the police authority.

(3)Any proceedings in respect of a claim made by virtue of this section shall be brought against the chief constable for the time being or, in the case of a vacancy in that office, against the person for the time being performing the functions of the chief constable; and references in the foregoing provisions of this section to the chief constable shall be construed accordingly.

(4)The police authority may, in such cases and to such extent as they think fit, pay any damages or expenses awarded against a constable of the police force maintained for their area, or any constable for the time being required to serve with that force by virtue of section 11 of this Act F4[F5. . . section 98 of the Police Act 1996][F6or section 23 of the Police Act 1997] [F7or any police custody and security officer employed or appointed by them], in proceedings arising from any [F8unlawful conduct] on the part of that constable, any expenses incurred and not recovered by him in any such proceedings, and any sum required in connection with the settlement of any claim that has or might have given rise to such proceedings.

[F9(5)This section shall have effect where an international joint investigation team has been formed under the leadership of a constable of a police force as if—

(a)any unlawful conduct, in the performance or purported performance of his functions as such, of any member of that team who is neither a constable nor an employee of the police authority were unlawful conduct of a constable under the direction and control of the chief constable of that force; and

(b)subsection (4) applied, in the case of the police authority maintaining that force, to every member of that team to whom it would not apply apart from this subsection.

(6) In this section “ international joint investigation team ” means any investigation team formed in accordance with—

(a)any framework decision on joint investigation teams adopted under Article 34 of the Treaty on European Union;

(b)the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union, and the Protocol to that Convention, established in accordance with that Article of that Treaty; or

(c)any international agreement to which the United Kingdom is a party and which is specified for the purposes of this section in an order made by the Secretary of State with the consent of the Scottish Ministers.

(7)A statutory instrument containing an order under subsection (6) shall be subject to annulment in pursuance of a resolution of either House of Parliament.]

[F10(8)This section is without prejudice to any obligation or indemnity arising by virtue of a contract entered into under section 9(1)(b) of this Act.]

40 Information as to manner of dealing with complaints.S

Every police authority and inspectors of constabulary shall keep themselves informed as to the manner in which complaints made by members of the public against constables are dealt with by the chief constable.

[40AF11 Examination of handling of complaints against constables.S

(1)Where a member of the public has made a complaint to the chief constable of a police force against a constable of that force the inspectors of constabulary may, at the request of the member of the public, examine the manner in which the chief constable has dealt with the complaint.

(2)Where the inspectors of constabulary have carried out an examination under subsection (1) above, they shall report their findings to the person who made the complaint and send a copy of that report to the chief constable and to the constable against whom the complaint was made; and they may direct the chief constable to reconsider the complaint and may instruct him to have regard, in doing so, to such further information as may have become available (whether or not as a result of the examination) after he dealt with the complaint; but no such direction shall be given as respects so much of the complaint as has been, or is, the subject of proceedings against the constable by virtue of section 26(2A)(a) of this Act.

(3)On making a direction under subsection (2) above, the inspectors of constabulary shall notify the constable against whom the complaint was made and the person who made it that they have done so; and the outcome of any reconsideration carried out by virtue of that subsection shall be communicated forthwith to the inspectors of constabulary, who shall—

(a)report the outcome, and their own findings as regards the outcome, to that constable and to that person; and

(b)communicate those findings to the chief constable.

(4)Where an examination has been carried out under subsection (1) above—

(a)the Secretary of State may require the inspectors of constabulary to submit to him, and

(b)the police authority for the area for which the police force in question is maintained may require the inspectors of constabulary to submit to them,

a written report concerning that examination and a copy of any report under subsection (3)(a) above consequent on that examination.]

Offences and legal proceedingsS

41 Assaults on constables, etc.S

(1)Any person who—

(a)assaults, resists, obstructs, molests or hinders a constable [F12or police custody and security officer] in the execution of his duty or a person assisting a constable [F13or any such officer] in the execution of his duty, or

(b)rescues or attempts to rescue, or assists or attempts to assist the escape of, any person in custody,

shall be guilty of an offence and on summary conviction shall be liable—

(i)where he has not, within the period of two years immediately preceding the commission of the said offence, been convicted of an offence against this section, to a fine not exceeding [F14level 4 on the standard scale] or to imprisonment for a period not exceeding three months or to both such fine and such imprisonment;

(ii)where he has, within the first-mentioned period, been convicted of an offence against this section, to imprisonment for a period not exceeding nine months [F15or to a fine not exceeding the prescribed sum within the meaning of [F16section 225(8) of the Criminal Procedure (Scotland) Act 1995], or to both.]

(2)The reference in subsection (1) of this section to a person in custody shall be construed as a reference to a person—

(a)who is in the lawful custody of a constable [F17or police custody and security officer] or any person assisting a constable [F18or any such officer] in the execution of his duty, or

(b)who is in the act of eluding or escaping from such custody, whether or not he has actually been arrested.

F19 [( 3 )This section also applies to a constable who is a member of a police force maintained in England and Wales or in Northern Ireland when he is executing a warrant or otherwise acting in Scotland by virtue of any enactment conferring powers on him in Scotland.]

[F20(4)In this section references to a person assisting a constable in the execution of his duty include references to any person who is neither a constable nor in the company of a constable but who—

(a)is a member of an international joint investigation team that is led by a constable of a police force or by a member of the National Criminal Intelligence Service or of the National Crime Squad; and

(b)is carrying out his functions as a member of that team.

(5) In this section “ international joint investigation team ” means any investigation team formed in accordance with—

(a)any framework decision on joint investigation teams adopted under Article 34 of the Treaty on European Union;

(b)the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union, and the Protocol to that Convention, established in accordance with that Article of that Treaty; or

(c)any international agreement to which the United Kingdom is a party and which is specified for the purposes of this section in an order made by the Secretary of State with the consent of the Scottish Ministers.

(6)A statutory instrument containing an order under subsection (5) shall be subject to annulment in pursuance of a resolution of either House of Parliament.]

42 Causing disaffection.S

(1)Any person who causes, or attempts to cause, or does any act calculated to cause, disaffection amongst the constables of any police force [F21or of the British Transport Police Force], or who induces, or attempts to induce, or does any act calculated to induce, any constable to withhold his services F22. . ., shall be guilty of an offence, and shall be liable—

(a)on summary conviction, to a fine not exceeding fifty pounds or to imprisonment for a period not exceeding three months or to both such fine and such imprisonment;

(b)on conviction on indictment, to imprisonment for a period not exceeding two years.

(2)Any person convicted of an offence against this section shall be permanently disqualified from becoming or remaining a constable [F23or a member of the British Transport Police Force].

[F24(3)In this section—

(a)references to the constables of any police force include references to the members of the Civil Nuclear Constabulary; and

(b)references to a constable include references to a member of that Constabulary.]

43 Impersonation, etc.S

(1)Subject to the provisions of this section, any person who—

(a)takes the name, designation or character of a constable [F25or police custody and security officer] for the purpose of obtaining admission into any house or other place or of doing or procuring to be done any act which such person would not be entitled to do or procure to be done of his own authority, or for any other unlawful purpose, or

(b)wears any article of police uniform without [F26being a member of the Civil Nuclear Constabulary or having] the permission of the police authority for the police area in which he is, or

(c)has in his possession any article of police uniform without being able to account satisfactorily for his possession thereof.

shall be guilty of an offence and on summary conviction shall be liable to a fine not exceeding [F27level 4 on the standard scale] or to imprisonment for a period not exceeding three months.

(2)Nothing in subsection (1) of this section shall make it an offence to wear any article of police uniform in the course of taking part in a stage play, or music hall or circus performance, or of performing in or producing a cinematograph film or television broadcast.

[F28(2A)For the purposes of this section—

(a) “ constable ” includes a member of the British Transport Police Force, and

(b) any reference to “ police ” includes a reference to that force. ]

(3)In this section “article of police uniform” means any article of uniform or any distinctive badge or mark usually issued by any police authority [F29or by the Civil Nuclear Police Authority] [F30or by the British Transport Police Committee] to constables [F31or police custody and security officers], or any article having the appearance of such article, badge or mark.

[F32(3A)In its application to articles of the uniform of the Civil Nuclear Constabulary, subsection (1)(b) has effect as if for the words “or having the permission of the police authority for the police area in which he is” there were substituted the words “ and in circumstances where it gives him an appearance so nearly resembling that of a constable as to be calculated to deceive ”.

(3B)For the purposes of this section—

(a)“constable” includes a member of the Civil Nuclear Constabulary; and

(b)any reference to “police” includes a reference to that Constabulary.]

[F33(4)In its application to articles of British Transport Police Force uniform, subsection (1)(b) has effect as if for the words “without the permission of the police authority for the police area in which he is” there were substituted the words “in circumstances where it gives him an appearance so nearly resembling that of a constable as to be calculated to deceive”.]

44 Offences by constables.S

(1)Any constable who wilfully absents himself from duty otherwise than in accordance with regulations made under Part II of this Act shall be guilty of an offence.

(2)Any constable [F34or police custody and security officer] who neglects or violates his duty shall be guilty of an offence.

(3)Any constable [F35or any such officer] who fails without reasonable excuse to return to his chief constable (or other person appointed by the chief constable for the purpose), immediately upon being ordered to do so, any accoutrements or clothing which have been issued to him for the execution of his duty shall be guilty of an offence.

(4)Any person who has been a constable [F36or such an officer] of a police force and has failed without reasonable excuse to return to the chief constable of that force (or other person appointed by the chief constable for the purpose), when he ceased to be a constable [F36or such an officer] of the force, any accoutrements or clothing which were issued to him for the execution of his duty shall be guilty of an offence.

(5)Any person guilty of an offence against this section shall, without prejudice to the operation of any regulation made under this Act, or to any civil proceedings, be liable on summary conviction to a fine not exceeding [F37level 3 on the standard scale] or to imprisonment for a period not exceeding sixty days.

45 Warrant to search for police accoutrements and clothing.S

If a sheriff, [F38or justice of the peace] is satisfied on information on oath that there has been a failure to return duly any accoutrements or clothing issued to a constable [F39or a police custody and security officer] for the execution of his duty, and that any of the said accoutrements or clothing are in any premises or place, he may grant a warrant to any constable named therein to enter and search the said premises or place at any reasonable hour, if necessary by force, and to seize and detain any of the said accoutrements or clothing which he may find therein.

MiscellaneousS

46 Rewards.S

(1)Subject to the provisions of this section, on the recommendation of the chief constable of a police force the police authority may pay such sums by way of reward as they think fit—

(a)to any constable (other than the chief constable) of the police force who in their opinion has conducted himself in the performance of his duty with exceptional merit, or

(b)to any constable (other than the chief constable) of another police force who, while serving with the first-mentioned force in pursuance of the provisions of this Act relating to the mutual aid of police forces or to collaboration agreements [F40or of section 98 of the Police Act 1996 (cross-border aid of one police force by another)], has in their opinion conducted himself in the performance of his duty with exceptional merit, or

(c)to any person who in their opinion has substantially contributed to the fulfilment of the functions of the police force.

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F41

47 Criminal statistics.S

(1)The chief constable of a police force shall, at such times and in such form as the Secretary of State may direct, transmit to the Secretary of State and to the police authority a statement with respect to the police area for which the force is maintained, showing for [F42such period as the Secretary of State may specify in the direction]—

(a)the number of offences reported to the police;

(b)the number of persons taken into custody by the police;

(c)the nature of the charges made against such persons respectively;

(d)the number of cases in which further criminal proceedings were taken and the result of any such proceedings:

(e)such further statistical information relating to the state of crime as the chief constable may think material or as the Secretary of State may direct.

[F43(2)The Secretary of State shall prepare such reports as he considers appropriate from such statements as he receives by virtue of subsection (1) above; and he shall lay any such report before Parliament and send a copy of it to each police authority.]

(3)To enable a chief constable to perform the duty imposed on him by subsection (1) of this section—

(a)he shall keep, and maintain up to date at all times, sufficient records of all the matters specified in the said subsection, and

(b)he shall be entitled to obtain from the clerk of any court having criminal jurisdiction in any part of the area such information regarding those matters as may be available to the clerk and necessary for the purpose.

SupplementalE+W+S

48 Regulations, rules and orders.S

(1)The Secretary of State shall have power to make regulations prescribing anything which may be prescribed under this Act (except Schedule 3 thereto).

(2)Any power conferred by this Act to make regulations, rules or orders shall be exercisable by statutory instrument, and except where otherwise provided any such statutory instrument shall be laid before Parliament after being made.

(3)Any power conferred by this Act to make an order shall include power to vary or revoke, by a subsequent order, any order made thereunder.

49 Financial provisions.S

(1)There shall be defrayed out of moneys provided by Parliament—

(a)any expenses incurred by the Secretary of State under this Act; and

(b)any increase attributable to this Act in the sums payable out of moneys so provided under any enactment.

(2)Any sums which by virtue of any provision of this Act are received by the Secretary of State from police authorities or joint police committees, or deducted by him from moneys otherwise payable by him to any such authority or committee, shall be paid into the Exchequer.

50 Meaning of “police area”, etc.S

Except where the context otherwise requires, in this Act . . . F44

(a)“police area” or “police district” means a police area within the meaning of section 1(2) of this Act as read with section 19(9)(a) thereof, and “combined area” means the area consisting of the police areas combined by an amalgamation scheme;

(b)“police authority” has the meaning assigned to it by section 2(1) of this Act as read with section 19(9)(b) thereof;

(c)“police force” means a police force maintained under this Act for a police area or a combined area;

(d)any reference—

(i)to the chief officer of a police force shall be construed as a reference to the chief constable of that force;

(ii)to the chief constable or chief officer of police of, or appointed for, any area or district shall be construed as a reference to the chief constable of the police force maintained for the police area comprising that area or district;

and any reference to the chief constable, or chief officer, of a police force shall be construed as including a reference to any other constable of the force who, during a vacancy in the office of the chief constable or during any absence of the chief constable from duty, is responsible for performing the functions of that office;

(e)references to payments into or out of the police fund shall be construed as references to payments to or by the police authority.

51 General interpretation.S

(1)In this Act unless the context otherwise requires the following expressions shall have the meanings hereby assigned to them respectively, that is to say—

• “amalgamation scheme” means a scheme made under section 19 [F45section 20 or section [F4621B]] of this Act, and “amending scheme” and “revoking scheme” mean respectively a scheme amending or revoking an amalgamation scheme;

• [F47[F48 “ British Transport Police Force ” means the constables appointed under section 53 of the British Transport Commission Act 1949 (c. xxix); ]]

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F49

• “constable” means a constable (including the chief constable) of a police force; F50. . .

• [F51 “ constituent authority ” means a police authority whose area is included in a combined area by virtue of an amalgamation scheme; ]

• “enactment” includes an order, regulation, rule, or other instrument having effect by virtue of an Act;

• “functions” includes powers and duties;

• “Joint Central Committee” means the three central committees of the Police Federation for Scotland sitting together as a joint committee;

• “land” includes land covered by water;

• “officer” includes “servant”;

• [F52 “ police custody and security officer ” shall be construed in accordance with section 9(1A) of this Act; ]

• “prescribe” (except in Schedule 3 to this Act) means prescribe by regulations made under this Act, and “prescribed” shall be construed accordingly;

• “rank” means a rank prescribed under section 7 of this Act.

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F53

(3)Any reference in this Act to the functions of a police force shall, unless the context otherwise requires, be construed as a reference to the functions of the constables of that force generally.

[F54(3A) Any reference in this Act to efficiency or to being efficient shall be construed, except where the context otherwise requires, as including, respectively, a reference to effectiveness or to being effective.]

(4)Except where the context otherwise requires, in this Act . . . F55 any reference to a constable (other than the chief constable) of, or appointed for, any area or district shall be construed as a reference to a constable (other than the chief constable) of the police force maintained for the police area comprising that area or district.

(5)Any reference in this Act to any other enactment shall, unless the context otherwise requires, be construed as a reference to that enactment as amended, and as including a reference thereto as extended or applied, by or under any subsequent enactment, including this Act.

(6)Without prejudice to the provisions of section 52 of this Act, in this Act the expression “under this Act”, and any other expression describing any matter or thing by reference to this Act or to any provision of this Act, shall, if and so far as the context permits, be construed as including a reference to any enactment repealed by this Act or by the M1Police (Scotland) Act 1956 or by the M2Police Act 1964 or to the corresponding provision of any enactment so repealed.

52 Consequential amendments, repeals and savings.E+W+S

(1)The enactments mentioned in Schedule 4 to this Act shall have effect subject to the amendments specified in that Schedule, being amendments consequential on the provisions of this Act :

(2)The enactments mentioned in Schedule 5 to this Act, of which those in Part II of that Schedule are spent or are superseded by the provisions of subsequent enactments, are hereby repealed to the extent specified in relation thereto in the third column of that Schedule.

(3)Nothing in this Act shall affect any order, regulation, rule, scheme, agreement or appointment made, or direction given, or any other thing done, under any enactment repealed by this Act or by the M5Police (Scotland) Act 1956 or by the M6Police Act 1964, but any such order, regulation, rule, scheme, agreement, appointment, direction or thing shall, if and so far as it is in force at the commencement of this Act, continue in force so far as it could have been made, given or done under a corresponding provision of this Act and shall have effect, and be treated, as if it had been made, given or done under that corresponding provision.

(4)Nothing in this Act shall affect any right, privilege, obligation or liability acquired, accrued or incurred before the commencement of this Act under any enactment.

(5)Where a constable of a police force, with the consent of the chief constable, has undertaken temporary service as a member of the instructing staff of any central training institution established under section 29(1) of the M7Police (Scotland) Act 1956 (central training and other common services), so much of that service as fell before 1st August 1964 shall be deemed, for the purposes of this Act and any Act relating to police pensions and (in either case) any enactment made thereunder, to be service as a constable of the said police force.

(6)For the purpose of determining the punishment which may be imposed on a person in respect of the commission by him of an offence against any provision of this Act, an offence committed by that person against the corresponding provision of any enactment repealed by this Act shall be deemed to have been committed against the first-mentioned provision.

(7)So much of any enactment or other document as refers expressly or by implication to any enactment repealed by this Act or by the M8Police (Scotland) 1956 or by the M9Police Act 1964 shall, in so far as the context permits and as may be necessary to preserve the effect of the first-mentioned enactment or other document, be construed as referring, or (as the case may require) as including a reference, to this Act or the corresponding enactment therein.

(8)Nothing in this section or in section 51 of this Act, and nothing in Schedule 4 to this Act, shall be taken as affecting the general application of [F56sections 16(1) and 17(2)(a) of the M10Interpretation Act 1978] with regard to the effect of repeals.

53 Short title, extent and commencement.S

(1)This Act may be cited as the Police (Scotland) Act 1967.

(2)The following provisions of this Act shall extend to the whole of Great Britain, namely, section 18; section 52(1) and Schedule 4, so far as they relate to enactments which so extend; and section 52(2) and Schedule 5, so far as they relate to section 5 of the M11Police (Scotland) Act 1956 and to the M12Police Act 1964; but save as aforesaid this Act shall extend to Scotland only.

(3)This Act (except section 39 thereof) shall come into force at the expiration of a period of three months beginning with the date on which it is passed; and section 39 of this Act shall come into force on such date as the Secretary of State may by order appoint, and the order may be made with retrospective effect to any date specified in the order not being earlier than 10th June 1964.

Any reference in this Act to the commencement of this Act shall be construed as a reference to the date on which this Act (except section 39 thereof) comes into force.