Police (Scotland) Act 1967 (repealed)

Remedies and complaints against police S

39 Liability for wrongful acts of constables. S

(1) The chief constable of a police force shall be liable in [F1 for any unlawful conduct] on the part of any constable [F2 or 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 [F3 for 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][F6 or section 23 of the Police Act 1997] [F7 or any police custody and security officer employed or appointed by them], in proceedings arising from any [F8 unlawful 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.]

Textual Amendments

F1 Words in s. 39(1) substituted (1.10.2002) by 2002 c. 30, s. 102(7)(a); S.S.I. 2002/420, art. 2

F2 Words in s. 39(1) inserted (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 76(4)(a), 89(2); S.S.I. 2003/288, art. 2, Sch.

F3 Words in s. 39(1) substituted (1.10.2002) by 2002 c. 30, s. 102(7)(b); S.S.I. 2002/420, art. 2

F4 Word in s. 39(4) repealed (1.4.1998) by 1996 c. 16, s. 134(2), Sch. 10; S.I. 1998/354, art. 2(1)(2)(ay)(bc)

F5 Words in s. 39(4) substituted (22.8.1996) by 1996 c. 16, ss. 103, 104(1), Sch. 7 Pt. II para. 15

F6 Words in s. 39(4) inserted (1.4.1998) by 1996 c. 16, s. 134(1), Sch. 9 para. 15; S.I. 1998/354, art. 2(1)(2)(ay)(bb)

F7 Words in s. 39(4) inserted (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 76(4)(b), 89(2); S.S.I. 2003/288, art. 2, Sch.

F8 Words in s. 39(4) substituted (1.10.2002) by 2002 c. 30, s. 102(8); S.S.I. 2002/420, art. 2

F9 S. 39(5)-(7) inserted (1.10.2002) by 2002 c. 30, s. 103(4); S.S.I. 2002/420, art. 2

F10 S. 39(8) added (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 76(4)(c), 89(2); S.S.I. 2003/288, art. 2, Sch.

Modifications etc. (not altering text)

C1 S. 39 excluded (prosp.) by 1994 c. 37, s. 51A(2B) (as inserted (prosp.) by 2002 c. 30, ss. 95(4), 108(2))

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.

Modifications etc. (not altering text)

C2 S. 40 power to apply conferred (31.10.1997) by 1997 c. 50, s. 39(2)(a); S.I. 1997/2390, art. 2(2)(j)

[40A F11 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.]

Textual Amendments

F11 S. 40A inserted (1.8.1996) by 1994 c. 29, s. 61; S.I. 1996/1646, art. 2, Sch. (with art. 3)

Modifications etc. (not altering text)

C3 S. 40A power to apply conferred (31.10.1997) by 1997 c. 50, s. 39(2)(a); S.I. 1997/2390, art. 2(2)(j)