police reform and social responsibility act 2011 andy champness chief executive, gloucestershire...
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Police Reform and Social Responsibility Act 2011
Andy ChampnessChief Executive, Gloucestershire Police Authority
Vice-Chair, APACE
Content
1 Legal entities
2 PCCs
3 Chief constables
4 Officers and delegation
5 Checks and balances
6 Election
7 Supports
8. Transfer
9. Complaints
10. Commencement
PCC Functions
Sections 1, 5-17, 21-27, schedules 1, 5, 8, 11
(MoPC sections 3, 19, 20 schedule 3)
• Strategic planning• Holding to account• Partnership working• Collaboration• Information and engagement• Finance • People
Strategic Planning
Key points to pick out: – Only one plan needs to be issued per PCC term– To be issued as soon as practicable, but before 1st
April 2013– Includes financial and other resources provided– Covers plans for the policing of the area, and any
grants that may be given – Sets out how the chief constable will be held to
account– Must be kept under review, – Reasons for revisiting it are yearly budget variations,
SPR variations, strategic assessment changes
Engagement
• Obtaining the views of the public
• No long list of people groups, just– the views of people and of victims of crime on
the policing of the area – the views of people and ratepayers’
representatives on proposed expenditure
CC AppointmentSchedule 8 Part 1
PCC proposal p3
PCP confirmation hearing p6
PCP Report p4
PCP veto p5,8 PCP no veto p7
Appointment p2
CC RemovalSchedule 8 Part 2, Police (Amendment) Regulations 2011 (draft)
Consult and have regard to HMIC views
Written warning to CC and PCP p13
CCs response p13
PCC proposal p14
PCP recommendation p15
PCC consideration p16
Decision / time lapse p12
Removal p11
CC Functions
Sections 2, 34 to 41, 92, schedule 2 (Met 4, 42-49, 82, schedule 4)
• Operational functions• Information and Engagement• Value for money• People• Contractual ability• Liability
PCC Office
Section 18
Schedule 1, para 14, 6-8, 13
Schedule 2 para 8
• Chief Executive / Monitoring Officer
• Chief Finance Officer
• Deputy PCC
• Delegation
Delegation 1Sections18(3)(b) and (7)
Functions prohibited from delegation to anyone:• issuing the police and crime plan• calculating the budget requirement• appointing, suspending and requiring the chief constable to
resign
Sections18(3)(d) and (7)
Functions delegable only to Deputy PCC:• determining police and crime objectives• attending the PCP• preparing annual report
Delegation 2
Sections18(3)(c) and (6)
Bodies prohibited from delegation:• a constable;• a PCC;• the MOPC• the Deputy MOPC• the Mayor of London• the Common Council of the City of London• any body which maintains a police force• a member of staff of the above
PCP ResponsibilitiesSection 28, schedule 1 para 9-12
• Reviewing the draft police and crime plan• Reviewing the PCC’s annual report• Reviewing the removal of a chief constable• A power of veto over the issue of precept• A power of veto over the appointment of chief
constable• Reviewing or scrutinising PCC decisions • Suspending the PCC • Appointing acting PCCs• Reviewing senior appointments
Precept
Schedule 5
PCC proposal p2
PCP review and report p3
PCP no veto p5 PCP veto p6
Regulations p8Secretary of State
Issue precept p1
Elections
Sections 50 to 76, schedules 9, 10 and Regulations to follow
• Election date
• Police Area Returning Officer
• Declaration of acceptance
• Disqualification
DisqualificationSections 64 to 65
• Under 18s• Resident outside the
police area• PCC or candidate for
other area • Member of police force
(officer, special or staff; NPIA, IPCC included)
• PCC/MOPC staff
Sections 66 to 67
• Not UK, RoI or commonwealth citizen
• Judiciary• Military• Civil servant• Insolvent / bankrupt• Convicted of
imprisonable offence• Local authority staff• MP, MSP, MEP, AM
(Wales or NI)
Supports
Sections 77 to 87
• Strategic Policing Requirement (s77 inserting 37A PA’96, s81)
• Protocol s79
• Secretary of State (ss 78, 80)
• HMIC (ss83 to 87)
Transfer
Schedule 15 and Regulations to follow
• Initial transfer– Force
• Stuff
– Police Authority• Stuff• Staff • Governance arrangements
• Subsequent transfer