SCHEDULE
Article 2
The Policing Protocol 2023
1. Purpose
This Protocol is issued in accordance with the requirements of the Police Reform and Social Responsibility Act 2011 (“the 2011 Act”). It replaces the Policing Protocol issued under the Policing Protocol Order 2011. It sets out to all Police and Crime Commissioners (“PCCs”) and the Mayor’s Office for Policing and Crime (“MOPAC”), Chief Constables, Police and Crime Panels and the London Assembly Police and Crime Panel how their functions will be exercised in relation to each other. An effective, constructive working relationship is more likely to be achieved where communication and clarity of understanding are at their highest. Mutual understanding of, and respect for, each party’s statutory functions will serve to enhance policing for local communities.
Scope
2. This Protocol applies to every PCC in England and Wales and, unless specifically stated, a reference in the Protocol to a PCC includes the MOPAC, Mayors with PCC functions and Police, Fire and Crime Commissioners. The provisions of the Protocol extend exclusively to a Mayor’s PCC functions.
3. This Protocol applies to every Chief Constable of a police force maintained by a PCC and unless specifically stated, a reference in the Protocol to a Chief Constable includes the Commissioner of Police of the Metropolis.
4. This Protocol applies to every Police and Crime Panel in England and Wales and, unless specifically stated, a reference to a Police and Crime Panel (or simply the Panel) includes the Panel formed by the London Assembly.
5. The staff of each PCC and the constables and staff of each police force are expected to have regard to this document.
6. This Protocol does not legally bind the Commissioner of the City of London Police or the Common Council of the City of London, which continues to form the police authority for the City of London. However, they are encouraged to abide by the working principles of this Protocol.
7. Where reference is made to both PCCs and the Common Council of the City of London, the Protocol describes them collectively as Local Policing Bodies.
8. The establishment and maintenance of effective working relationships by these parties is fundamental. It is expected that the principles of goodwill, professionalism, openness and trust will underpin the relationship between them and all parties will do their utmost to make the relationship work.
9. This Protocol does not supersede or vary the legal duties and requirements of the office of constable. Chief Constables remain operationally independent.
10. All parties will abide by the seven principles set out in Standards in Public Life: First Report of the Committee on Standards in Public Life3(known as “the Nolan Principles”).
Legislative Framework
11. The 2011 Act establishes PCCs within each force area in England and Wales with the exception of the City of London. The 2011 Act gives these PCCs responsibility for the totality of policing within their force area. It further requires them to hold the force Chief Constable to account for the operational delivery of policing including in relation to the Strategic Policing Requirement published by the Home Secretary.
12. The 2011 Act does not impinge on the common law legal authority of the office of constable, or the duty of constables to maintain the King’s Peace without fear or favour. It is the will of Parliament and Government that the office of constable shall not be open to improper political interference.
13. Each PCC and their respective Chief Constable are established in law as corporations sole within the 2011 Act. In doing so both the PCC and the Chief Constable are enabled by law to employ staff and hold funds. Chief Constables are charged with the impartial direction and control of all constables and staff within the police force that they lead. The staff of the PCC are accountable to the directly elected holder of that office to enable the PCC to exercise their functions.
14. The public accountability for the delivery and performance of the police service is placed into the hands of the PCC on behalf of their electorate. The PCC draws on their mandate to set and shape the strategic objectives of their force area in consultation with the Chief Constable. They are accountable to the electorate; the Chief Constable is accountable to their PCC. The Panel within each force area is empowered to maintain a regular check and balance on the performance of the PCC in that context.
The PCC
15. The PCC within each force area has a statutory duty and electoral mandate to hold the police to account on behalf of the public.
16. The PCC is the recipient of all funding, including the government grant and precept and other sources of income, related to policing and crime reduction and all funding for a force must come via the PCC. How this money is allocated is a matter for the PCC in consultation with the Chief Constable, or in accordance with any grant terms. The Chief Constable will provide professional advice and recommendations.
17. The PCC has the legal power and duty to—
(a) set the strategic direction and objectives of the force through the Police and Crime Plan (“the Plan”), which must have regard to the Strategic Policing Requirement set by the Home Secretary;
(b) scrutinise, support and challenge the overall performance of the force including against the priorities agreed within the Plan;
(c) hold the Chief Constable to account for the performance of the force’s officers and staff;
(d) decide the budget, allocating assets and funds to the Chief Constable; and set the precept for the force area using local schemes of governance which do not fetter the effective financial management of forces and enable the Chief Constable to deliver their role efficiently and effectively;
(e) appoint the Chief Constable (except in London where the appointment is made by the King on the recommendation of the Home Secretary);
(f) remove the Chief Constable subject to following the process set out in Part 2 of Schedule 8 to the 2011 Act and regulations made under section 50 of the Police Act 19964;
(g) maintain an efficient and effective police force for the police area;
(h) enter into collaboration agreements with other PCCs, other policing bodies and partners that improve the efficiency or effectiveness of policing for one or more policing bodies or police forces in consultation with the Chief Constable (where this relates to the functions of the police force, then it must be with the agreement of the Chief Constable);
(i) provide the local link between the police and communities, working to translate the legitimate desires and aspirations of the public into action;
(j) hold the Chief Constable to account for the exercise of the functions of the office of Chief Constable and the functions of the persons under the direction and control of the Chief Constable;
(k) publish information specified by the Secretary of State and information that the PCC considers necessary to enable the people who live in the force area to assess the performance of the PCC and Chief Constable;
(l) comply with all reasonable formal requests from the Panel to attend their meetings;
(m) prepare and issue an annual report to the Panel on the PCC’s delivery against the objectives set within the Plan;
(n) monitor all complaints made against officers and staff, whilst having responsibility for complaints against the Chief Constable.
18. In addition, the PCC must not fetter the operational independence of the police force and the Chief Constable who leads it.
19. In order to enable the PCC to exercise the functions of their office effectively, they will need access to information and officers and staff within their force area. Such access to any information must not be unreasonably withheld or obstructed by the Chief Constable and/or fetter the Chief...
