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1. Introduction
1.1 In presenting my first Annual Report since appointment on the 1st January 1999 I begin by recognising the contribution of my predecessor Sir William Sutherland who was the custodian of the role for the major part of the year being reported on. While many of the issues addressed in this report are matters he has commented on the responsibility for the observations is mine.
1.2 This report is being submitted for consideration by the new Scottish Parliament, which assumed responsibility for policing issues on taking full powers on 1st July 1999, as well as to Parliament at Westminster. The impact of this fundamental change which also saw the creation of a Minister for Justice with a remit covering a range of areas in the criminal justice system is more properly a matter for next year's report.
1.3 The remarks which follow in this opening part of the report highlight some of the key issues facing the Scottish Police Service as we move toward the next millennium. The major part of the report chronicles activity across a very wide area of policing and provides detailed information on a range of subjects.
2. The Inspection Process - The Future
2.1 Like policing itself the process of inspection has to develop and progress. The approach has been broadly the same for about eight years with a cycle of inspections based on a three year programme. The core elements of the current process are written questions, pre-visits by staff officers and then a formal inspection over a number of days.
2.2 With the need for an increased focus on outcomes (very often in partnership with others), better self inspection processes established in Forces, and the introduction of Best Value and other initiatives it was timely to take a fundamental look at the inspection process. It must be well focussed on current needs, add value and be 'fit for purpose'. As part of the HMIC business plan for 1999/2000 a review project has been put in place which will be consultative in style and fully reported on in the next annual report.
3. Review of Policing in Scotland
3.1 Prior to devolution the (then) Secretary of State for Scotland announced a review of the structure of policing in Scotland. For a number of reasons the process was not progressed far in 1998/99. While the delay was unsettling the process has started and there is a much stronger consensus among all the major interested parties that the Review is now more soundly focussed with a clearer methodology. The end product must be a better policing service for the public with the shape of policing in Scotland flowing from the informed debate about the functions to be undertaken.
3.2 The early concerns of a number of key stakeholders centred on a perception that cost cutting as opposed to best value might be the principal driver for the review. Those concerns have been addressed and the readiness of all those represented in the Review process to see this as an opportunity rather than a threat has set the right tone. The time scale of a report to the Scottish Executive by March 2000 is very tight but significant progress by that point can be expected.
4. Effectiveness and Efficiency
4.1 A primary role of the Inspectorate is to report on the effectiveness and efficiency of Forces and other key police organisations, such as the Scottish Police College, Scottish Crime Squad, and Scottish Criminal Record Office. The focus is put on achievement. What outputs and outcomes have been secured? Importantly, have the aspirations set out in the local policing or business plan been met. After all, these plans have been decided upon following consultation with communities, business and many other groups or individuals who are the users of the services provided by police.
4.2 The Inspectorate might also offer a view on how some policing services are undertaken based on what has been seen to work effectively. Of course elements of good practice do not always translate to the same good effect from one location to another. However the spreading of good practice is a key way in which the Inspectorate can promote improvement.
4.3 No Force or other police organisation inspected in 1998/99 was found to be other than efficient and effective but constructive criticism was made by way of a number of recommendations and suggestions for improvement. In most cases these were areas where the Force or organisation was aware of weaknesses but sometimes substantial effort would be necessary to bring about improvement. The detail of the recommendations and suggestions can be found in the reports which are widely published (eg local libraries) and can also be found on the Scottish Executive web site www.scotland.gov.uk. Also, Chief Constables have agreed to publish details of HMIC comments in their Annual Report and indicate how they will respond to the recommendations. Police Boards will want to keep themselves informed on this activity.
5. Setting Standards
5.1 While each force has singular characteristics and there is merit in diversity to encourage innovation the public is right to expect a degree of common standards of a high quality. HMIC has an important role here as do the Association of Chief Police Officers in Scotland (ACPOS) in agreeing common policies and making changes by consensus. (See also paragraph 6 below) In a fast changing environment that role assumes a greater importance.
5.2 The creation of standards and the setting of targets is an important aspect of achieving continuous improvement. While well established in some areas of policing such as answering calls for assistance, crime reduction and public satisfaction levels, to quote a few, there is scope across all forces for the further development of standards for police activity. There should be both qualitative and quantitative measures of the standards.
5.3 The introduction of a Best Value regime, which requires public services to review a proportion of their functions each year and test them against the best available elsewhere, will provide a challenging stimulus. Forces have grasped this new initiative in a positive fashion and produced impressive plans. This activity will assist in setting and raising standards. HMIC and the Accounts Commission have a role in monitoring how these Best Value plans are being followed through into action and outcomes.
6. Association of Chief Police Officers in Scotland (ACPOS)
6.1 The Association of Chief Police Officers in Scotland is a grouping which through a series of committees provides a mechanism for securing collaboration and co-ordination in the Scottish Police Service. A number of specific initiatives in 1998/99 are indicative of the efforts being made to secure standards across Scotland in policy and policing practice. They included
6.2 These examples demonstrate the determination of Forces to work together to achieve a common level of service and collaboration where that offers best value. This approach is warmly encouraged and future plans of the ACPOS Committees continue to reflect this approach. There are many other areas where collaboration and co-ordination could be beneficial and productive for the public and Forces. The re-structuring work (see paragraph 3 above) will address a number of these and HMIC has specifically referred issues to that group for consideration, several of which emerged during an inspection visit to the Scottish Police College. These include:
7. Recorded Crime
7.1 The trend in crime recorded by the Police since 1992 has been down. The total recorded in 1998/99 increased by 3%. Only two Forces, Tayside and Dumfries and Galloway showed reductions. The detail is set out in Chapter Three including a breakdown of types of crime.
7.2 However, there is a need for a "health warning" about recorded crime levels and simple comparisons for a number of obvious reasons, including
7.3 In Scotland, as in England and Wales there is empirical evidence to show that the gap between crime recorded by the police and that reported in public crime surveys is closing so that an increased tendancy to report crime would itself lead to an increase in the level of recorded crime.
7.4 It follows that great care should be exercised before proposing changes to the law, policy or police practice on the basis of year on year changes to absolute totals of recorded crime. In particular, drawing inferences about Police Force performance based on changes in the total of reported crime may not be satisfactory.
7.5 However, the disaggregation of recorded crime into specific offences is much more productive and revealing. Also the public expect the police effort to be proportionate to the seriousness of the crimes, even if during local consultation they are often more vocal about the less serious crimes such as damage and nuisances.
7.6 The same "health warning" also applies to the level of crimes detected or cleared up by Police Forces. The total percentage crimes cleared up for all reported crimes is also influenced by the issues exampled at paragraph 7.2 above. It is important for forces to focus on trends and specific categories of crime. Police effort and partnership action is likely to be more effective against some types of crime rather than others and it is unrealistic to expect the same level of police attention to all types of crime. Good use of intelligence and focusing on prolific offenders contribute greatly to effectiveness. The total number of crimes detected has risen by 12% and percentage of crimes cleared up from 40 to 43%.
7.7 The above comments have been set out in some detail to assist the reader with interpretation of the data in Chapter 3.
7.8 The priority a force attaches to types of crime, following consultation with their community and the exercise of professional analysis and judgement, is normally to be found in their annual local policing or business plan. This is a key document for informing the public about intentions and a benchmark for judging a force's performance. HMIC encourages forces to set challenging but realistic targets in specific core areas, acknowledging that prevention should be the principal thrust and recognising that it is not only police action that impacts on or influences the outcome.
7.9 All forces operate "devolved resource management" to a greater or lesser degree with that downward thrust set to continue. It follows that it is action at a divisional level and within operational departments that will have an important impact on a force delivering on the intentions set out in the policing or business plan. Thus HMIC effort is increasingly focussed at this level when examining a force's performance and this approach by HMIC will increase.
8. Drugs
8.1 Figure 3 in Chapter 3 shows an increase in drug offences detected by police. Given drugs has been a priority focus for law enforcement over a number of years this picture is likely to reflect an increase in the volume of drugs available. Other indicators such as street and dealer prices and drug deaths confirm that view. The work in forces and the focus of the Scottish Crime Squad and those groups gathering intelligence (eg National Criminal Intelligence Service and Scottish Criminal Intelligence Office) all record substantial effort and enforcement success, but despite this drug use levels are increasing.
8.2 The Scottish Strategy, 'Tackling Drugs in Scotland' is comprehensive and targets demand reduction, education, treatment and enforcement. The Drugs Enforement Forum, only recently established in 1999 and Drug Action Teams across Scotland have a challenge to demonstrate a real difference as a result of their pro-activity. Collaboration and focus is important to avoid spreading initiatives too thinly.
8.3 Forces and the Scottish Crime Squad have undertaken many enforcement initiatives and the determination to continue in this vein is clear. HMIC can add value by commenting on the effectiveness of the particular initiatives and encouraging the spread of activity that proves successful.
8.4 An important dimension of impacting on drug traffickers (and others engaged in crime as a lifestyle) is the money they derive from it. Confiscating their assets is increasingly seen as a vital part of the law enforcement effort. Despite legislative advances and focus by police and the Crown the end results remain disappointing. About £630,000 is the total of orders made and the monies actually collected can be less. This is significantly disproportionate to the money made from crime. Efforts to alter this balance could have a major impact on crime levels.
9. Care and Custody of Persons Detained
9.1 There are few more important responsibilities for the police than the care of those persons who it has been necessary to arrest and detain in police custody. In enforcement terms, arrest is a last resort albeit circumstances may dictate that it is a first option.
9.2 A great deal is asked of police forces given the diverse characteristics of persons arrested. There are legal, safety, health and general welfare issues to be addressed. Additional pressures are where the alleged crime is complex, involves widescale enquiries (perhaps internationally) and possibly forensic examinations for justice to be secured for victims and suspects.
9.3 The training of staff, the adequacy of facilities, the provision of technological support and the existence of safeguards for detainees and police staff (such as CCTV and audio) are all key areas for HMIC to examine. These areas are influenced by the limits of capital and revenue provision and the extent of competing priorities for these monies.
9.4 The evidence of inspections in 1998-99 continues to show that the level of expertise, facilities and safeguards is mixed. HMIC recognises the pressures on budgets and lends weight to bids to Central Government for capital provision where a business case is made out.
10. Complaints
10.1 The number of complaints from members of the public about police officers is low when measured against the myriad of contact between police and public, whether by telephone, at the scene of an incident, in a law enforcement mode, or giving help in some routine way.
10.2 Police forces agree that one complaint is one too many. Some complaints are frivolous or unjustified, some suggest a difference of view that is either irreconcilable or incapable of resolution because independent evidence is not available. Some are justified and lead to corrective action or misconduct proceedings. A very few cases lead to a criminal prosecution.
10.3 While all forces look to reduce the number of complaints the range of circumstances and the increasing contact between police and public make this a challenging goal. Complaint cases have increased by 218 and this ends a five year downward trend. More detailed information is to be found at Chapter Seven.
10.4 However forces should not be reluctant to accept complaints for investigation as it offers an opportunity
HMIC is as much concerned with the general approach adopted by forces to those who complain as with the quality of individual investigations. An increase in the actual number of complaints may be a reflection on a clear willingness to record and investigate. The real story about complaints is much more than simply the annual total.
10.5 HMIC has had reason to comment on a number of occasions about
10.6 HMIC maintains a close interest in other areas, beyond complaints, that reflect on the well being of a force. These include civil claims, internal discipline and grievances reported by staff. The areas can be linked in a specific case but taken together they offer an important "health check" about the values and sensitivity of the force.
10.7 HMIC has a continuing concern about the time taken for civil claims to be resolved. Often the time taken is outside the direct influence of the force and it is good practice to develop service level agreements with insurers.
10.8 While HMIC has no locus to comment on the activity of Police Boards HMIC does discuss with the Boards the importance of their role in relation to public complaints. A robust approach by the Board is in everyone's interest and this is usually discharged by a sub-committee who have the time and opportunity to examine the complaints in detail. As mentioned above (paragraph 10.6) the Board too need to make the linkage with civil claims, internal discipline and grievances.
10.9 By statute HMIC has a particular responsibility to deal with complainers who remain dissatisfied after a force has completed an investigation. The role of HMIC does not extend to commenting on matters of alleged criminality where the Regional Procurator Fiscal has the responsibility to investigate and decide whether prosecution is justified.
10.10 The number of dissatisfied complainers contacting HMIC was 44. This is an increase of 9 on the previous year. Following receipt of reports from forces and sometimes after further enquiries of a force HMIC was satisfied with the investigation in almost all cases. On a few occasions substantial dissatisfaction was expressed and once HMIC directed a force to undertake a formal investigation (as empowered by Section 40, Police (Scotland) Act 1967, as amended by Section 61, Police and Magistrates' Court Act 1994).
10.11 HMIC has an important role in the accountability process surrounding complaints against police. As the composition of police forces is changed by the increasingly important role undertaken by support staff and special constables, there is ground for debate about how complaints are handled when 'sworn' police officers, support staff and special constables are all involved with an incident or process that has caused a complaint to be made. The "rules of engagement" cannot be the same as their conditions and employment status is different but some commonality might be necessary into the future.
11. Support Staff
11.1 For a number of years now support staff have been playing an increasingly important and central role to effective and efficient policing. The actual numbers, by force, are given at Table 2.
11.2 The roles of support staff encompass many facets of force activity, including senior management, technology, operations and administrative areas. Many of the staff have professional qualifications complementary to their role. At the point of inspection HMIC is particularly interested to gauge their level of integration into the force and how far development and training needs are being met. Improvements in all these areas have been seen.
11.3 Some support staff roles would benefit from clarification within a statutory framework and it is to be hoped that the new Scottish Parliament will find an opportunity to legislate. While the current situation has rarely caused a problem in practice the current position is unsatisfactory and needs to be remedied. Examples of areas which would benefit from legislative amendment include
12. Special Constables
12.1 In total the Special Constabulary in Scotland equate to 11% of the regular officers. The trend over the last 5 years has been downward (there were 1,992 special constables in 1994 and there were 1,651 in 1998/99). The current figure for each force varies and is given at Chapter 6 paragraph 30.
12.2 Although the actual numbers are less now, this is in part due to the stricter application of training and attendance standards and the value and importance of their contribution has not diminished. In some parts of Scotland the level of policing would be significantly reduced but for the presence of Special Constables.
12.3 HMIC has noted that the potential contribution of the Special Constabulary is unnecessarily limited by a policy approach which requires special constables to be accompanied by regular officers when undertaking some operational roles. Where this is identified Forces are invited to revisit this policy to avoid the underuse of this important resource.
13. Thematic Inspections
13.1 While the regular inspections examine a wide range of policing they do not normally look in depth at specific areas. That role is fulfilled by a Thematic Inspection where all forces are visited and a discrete area is examined in considerable detail. It might also involve benchmarking the activity with external organisations. In 1998-99 one Thematic and a focussed review with the Accounts Commission was undertaken.
13.2 The specification and acquisition of technology is a key dimension of modern policing and project management is an important skill. A Thematic titled "Getting IT Right" was published in 1999 and offered guidance and good practice by sharing the experience of forces and the wider public sector.
13.3 The collaborative work on police finance between HMIC and the Accounts Commission produced the report "Credit to the Force". It made recommendations about managing finance and costs in a force and offered views on issues that merit consideration at a Scottish wide level. In the latter category the following are particularly important
13.4 The Scottish Executive has established working groups to consider these broad issues although some of the proposals in the report "Credit to the Force" will require legislation to bring about change.
14. Lockerbie Trial
14.1 Ten years on from the crime, after intensive investigation and substantial political endeavour the two men accused are to face trial, in Holland but under Scottish procedure. Dumfries and Galloway are leading the police role in the case and did an excellent job in planning and then bringing into operation the policing arrangements for the provision of the Scottish Court at Kamp van Zeist.
14.2 At the request of the Scottish Executive HMIC undertook an inspection of the police function at Kamp van Zeist. Because of security considerations the report was given a restricted circulation but recommendations were made and are being acted upon. HMIC involvement will continue as the circumstances of the police role change and develop.
15. Funding
15.1 The Government's Comprehensive Spending Review led to the expression of an indicative budget for policing in Scotland for the three years beginning 1999/2000. The revenue budget included an assumption of efficiency savings in each of the three years (1, 1.7 and 2.5%). Undoubtedly this level of settlement will put pressure on the number of officers that forces can employ (salaries represent such a significant part of police costs, over 80%). The challenge will be how to improve service delivery in priority areas while managing public expectation of a high visibility uniform patrol. As at March 1999 police officer numbers were already down by 151 against last year, although support staff numbers have increased by 187.5 and 1997/98 was when police numbers reached their highest ever level.
15.2 In order to manage this situation, in the absence of a real increase in the police budget, forces must have significant flexibility in managing their resources and budget. (Credit to the Force, see paragraph 13 above suggests some of the changes needed.) The gaps between public expectation and police capacity need to be managed and closed. Genuine priorities have to be promoted and tasks not central to policing managed by others or not undertaken at all.
16. The Millennium
16.1 Preparations by police forces for the Millennium are wide ranging and have been underway for more than just this year. Three aspects are normally at the forefront of consideration, namely computer preparedness (usually referred to as Y2K compliance), contingency planning inside the force and for external events, and the abnormal costs arising from the additional demands and the increase in public holidays.
16.2 At the request of Government, HMIC began a phased Thematic on Y2K and contingency issues. The results will be published. Detailed comment falls to be made in next year's annual report but all forces have shown a determination to be well prepared knowing their pivotal role and public visibility. Very considerable efforts are being made to ensure the effective working of all aspects of the police organisation and to have contingency plans in place to address a range of possible scenarios.
17. Important External Influences
17.1 The Macpherson Report (the public inquiry into the death in London of Stephen Lawrence) was published in February 1999 and made 70 recommendations the bulk of which impact on the police service. Within Scotland, Ministers have made it a priority to increase the trust and confidence in the police service amongst the ethnic minority communities. ACPOS have looked closely at the report's findings and an action plan is to be drawn up. HMIC will have a key role in monitoring the way forward in this vital area of police work and to this end intend to carry out a thematic inspection on race issues in the autumn of 2000.
17.2 Police forces now have obligations under the Human Rights Act 1998 which gives further effect to the rights and freedoms guaranteed under the European Convention on Human Rights. Until a body of case law becomes established it is still too early to determine exactly how the Act will be interpreted by Scottish courts. Working practices are being reviewed by forces to ensure the principles and rights afforded by the legislation are embraced in an objective and positive manner.
17.3 The cost implications that are likely to arise from compliance with the Human Rights Act are unknown although it can be anticipated that additional costs will be incurred throughout the criminal justice system.
18. Issues Beyond a Single Force
18.1 Inspections of individual forces can highlight issues which on further examination have a relevance across Scotland. In 1998-99 the following fell into that category
18.2 Many of these areas have been the subject of comment and consideration in previous HMIC reports and have been examined in a variety of fora. When such broader issues are identified HMIC makes a referral to a body with a remit to consider whether or not to pursue the matter, usually the Scottish Executive or the Association of Chief Police Officers.
19. Inspections Since 1991
19.1 An examination of HMIC Annual Reports since 1991 is revealing in a number of ways. They chronicle the development of policing in Scotland and much has been achieved against a backcloth of substantial change.
19.2 Many aspects of policing have been a constant, such as the thrust against drug abuse and road accidents. The management of crime is a regular feature and the introduction of technology such as automatic fingerprint recognition and DNA testing are particular milestones. Equal opportunities and attention to domestic violence emerge as important areas for consistent attention.
19.3 Areas which are the subject of frequent constructive criticism include the approach to intelligence, the briefing and de-briefing of staff, the directed deployment of staff (particularly patrol officers) and the extent of crime prevention activity. Particular mention is made of the importance and benefit of effective links with the community at large.
20. Liaison
20.1 HMIC attaches considerable importance to effective communication and liaison with the main representative organisations associated with policing. These are the Association of Chief Police Officers in Scotland (ACPOS), the Association of Scottish Police Superintendents (ASPS), the Scottish Police Federation (SPF), the Convention of Scottish Local Authorities (COSLA) and individual Police Boards. Regular opportunities for discussing issues have been established at a national level and these are essential if HMIC is to properly discharge the responsibility of offering independent but knowledgeable advice to Ministers.
20.2 Contact with a whole host of other organisations has its own importance and increasingly that is likely to mean working with other bodies with an inspectorate function in focussed joint inspections. The prevention, investigation and detection of criminality and other policing functions has to have a wide base to be effective. Tackling underlying causes as well as actual crime requires this "cross-cutting" co-operation. The establishment of a "Minister for Justice" is a clear indicator of the Government's intention to manage the criminal justice system in a more holistic way. Inspection too should have that approach without diluting the independent and individual strengths of the different inspectorates.
20.3 Working closely with the Accounts Commission has been an important development and the report "Credit to the Force" (see paragraph 13 above) produced a very tangible result. The roles of auditor and inspector are different but are complimentary. Duplication is to be avoided and forces must not feel a sense of over examination or suffer an unnecessary burden of bureaucracy. Appropriate collaboration and consultation should avoid this (see paragraph 2).
21. Conclusion
21.1 Policing in Scotland is still largely a local activity directed at local problems and forces are at the forefront of this effort. The importance and reality of this is consistently demonstrated by the value attached to community style policing and the existence of successful local partnerships. There is no reason to move away from this basic model when seeking efficiency and effectiveness. Aligning the boundaries of agencies delivering local services appears to encourage a partnership approach and be more likely to secure the outcomes being pursued. This seems to be a common sense statement but it also has anecdotal and hard evidence to support it.
21.2 However, many local problems have clear linkages with national and international issues. The obvious example is that of drug crime where production is largely outside the United Kingdom (requiring international co-operation) and the distribution routes within the country straddle many force boundaries (requiring cohesive national effort). However, the impact is local as evidenced by the everyday fears of parents for their children and the headlines of a drug related death touching small communities. There are many other areas of an administrative and operational nature to which this analysis applies.
21.3 The distinction between what is best done locally and that which requires a much broader approach should be at the heart of the considerations about the functionality and shape of policing in Scotland. The current arrangements are themselves the result of development and change in pursuit of continuous improvement in the quality and effectiveness of service to the public. Inspection shows that the police forces in Scotland do embrace the challenge of change, do demonstrate innovation and do deliver a quality service across a range of areas but there is also evidence of a recognition that there is much more to achieve.
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