THE SCOTTISH POLICE SERVICE
CODE OF ETHICAL PRACTICE
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SCOTTISH POLICE SERVICE - CODE OF ETHICAL PRACTICE
CONTENTS (I)
Statement of Ethical Principles
- Page 3
(II)
Introduction
- Page 4
(III) Employees’
Responsibilities
-
Page
5
Conduct Outwith Hours
Associations
Use of Facilities/Equipment
Disclosure of Criminal Conviction
Conduct During Working Hours
Confidentiality/Media
Use of Discretion
Discriminatory Behaviour - Harassment
Reporting
Corruption
or Serious Misconduct
Vetting
(IV)
Management Responsibilities
- Page 9
(V)
Gifts and Hospitality
- Page 9
Discounts
Use of Police Warrant Cards or Identity Cards
Charitable
Events
(VI)
Declaration of Interests
- Page 10
(VII) Substance
Misuse
-
Page
11
(VIII) Conclusion
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Page
11
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(I)
STATEMENT OF ETHICAL PRINCIPLES
All members of the Scottish Police Service observe and support the following
principles:
Integrity – Will discharge their duties with fairness and honesty and will ensure that
they do not place themselves under any financial or other obligation, which might
influence the performance of their duties. They will declare any private interests,
which may conflict with their duties and take steps to avoid such conflict.
Transparency – Will perform their duties in an open and transparent manner, submit
their decisions and actions to appropriate scrutiny and will respond positively to
criticism. They will give reasons for their decisions and restrict information only
when the wider public interest demands. They will be open and truthful about their
actions while maintaining the confidentiality of information entrusted to them in
accordance with the law.
Accountability – Will remain accountable before the law and accept responsibility for
their decisions and actions. They will guard against the abuse of the powers, which
their office affords them and will oppose and draw attention to malpractice and
wrongdoing by others.
Responsibility – Will accept personal responsibility for their own actions and
omissions and act with resolve, tolerance and restraint in the discharge of their duties.
They will ensure that their actions are at all times lawful, reasonable and
proportionate and take ownership of those actions and decisions made in the course of
their duties. They will take responsibility for observance of these principles and
promote them through leadership and personal example.
Impartiality – Will act fairly and impartially, without prejudice and solely in terms of
the public interest. They will discharge their duties with objectivity and without
favour or malice.
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(II)
INTRODUCTION
The Scottish Police Service is committed to the maintenance and development of a
culture where integrity and ethical standards are given the highest priority. Our
ability to function effectively relies on the implicit trust of the public and their belief
that we can carry out our duties in a fair and impartial manner.
The Statement of Ethical Principles and Code of Ethical Practice relate to every
member of the Scottish Police Service whether Police Officer, Force Support Officer,
Cadet or member of the Special Constabulary.
.
The Statement of Ethical Practice and Code of Ethical Practice are not intended to
cater for all eventualities. Neither are they replacements for Schedule 1 of the Police
(Conduct)(Scotland) Regulations 1996 or any other Disciplinary Code current at this
time and should not be seen as such. Instead, they are designed to provide guidance in
respect of issues and decisions, which may arise in the course of our duties and
everyday lives.
All staff must report any conduct considered to be unethical, openly and with the
support of their colleagues and managers. Where there is suspected wrongdoing,
confidentiality will be given the highest priority and will be maintained as far as
possible and supported by management. The focus is, however, about preventing
situations where officers may be compromised.
This Statement and Code are intended to be living documents, which will continue to
evolve. What may have been acceptable or unacceptable conduct many years ago
may now no longer be so. Equally conduct, which may be considered entirely
appropriate or inappropriate today may, in years to come, become less so.
It is in this context that we all have a duty to examine our own conduct and be willing
to expose ourselves to scrutiny in all spheres of our employment and off duty time.
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(III)
EMPLOYEE RESPONSIBILITIES
All members of the Scottish Police Service have a responsibility to conduct
themselves with professionalism, integrity and dignity at all times, whether on or off
duty. All staff should ensure that they conduct their personal affairs in a manner that
does not leave them exposed to compromise or corruption.
No member of the Police Service should benefit either directly or indirectly from their
activities on behalf of their respective Force and should neither offer, seek nor accept
any form of inducement regarding the conduct of business on behalf of the Scottish
Police Service.
Conduct Outwith Hours
It is acknowledged that all members of staff have a life to lead outside their working
environment within the Scottish Police Service. As a guide to what is considered
unacceptable outside working hours, it is important that personnel ask themselves
whether the same conduct by a private citizen may be likely to warrant attention or
public criticism. If it might, then such conduct, even though outside working hours,
is likely to be unacceptable.
Members of staff must remember at all times that their conduct impacts on the
perception and reputation of the Scottish Police Service and they should act in a
manner that presents a positive image of the Service and their respective Force. An
awareness that conduct outwith normal working hours has the potential to reflect
positively or adversely on the Service is of paramount importance.
Associations
Members of staff must exercise discretion at all times and display sound judgement
with regard to friendships, associations and relationships. They are reminded that the
perception of such associations is equally important. In addition, attendance at social
events, membership of organisations and affiliation to particular groups should not
compromise their position as a member of the Scottish Police Service in any way. If
anyone, is concerned that there is a potential for compromise or a conflict of interest
through family relationships or other friendships or associations then they should
declare their concerns to their line manager at the earliest opportunity. Declarations
will be confidentially assessed and “guidance/direction” will be given as appropriate.
Use of Facilities/Equipment
The Scottish Police Service has an obligation to the communities it polices to properly
manage resources.
Police facilities and equipment are for official use only and any private utilisation of
such is not permitted unless official permission has been sought and granted, and then
only when it does not disrupt official work.
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Any officer who has any doubt as to whether the use of police facilities or equipment
is acceptable or not should seek the advice of a Line Manager or Supervisor.
A realistic approach will be taken in relation to the occasional personal use of police
equipment for a necessary purpose and discussions with management will clarify and
authenticate such use.
Disclosure of Criminal Conviction/Road Traffic Conviction
Members of the Scottish Police Service must declare all criminal convictions received
either prior to or during employment with the Service. In addition, such declarations
must include Fixed Penalty Fines (with the exception of Non-endorseable parking
offences), Fiscal Fines and Fiscal Warning Letters. It is of paramount importance
that Police Senior Management is made aware of all such matters at the earliest
opportunity in order that appropriate support can be provided and the necessary action
taken.
In addition, any member of staff who becomes aware of being the subject of a criminal
investigation by the police or any other law enforcement agency where the Home
Force may not be aware of the investigation should report this matter at the earliest
opportunity. Similarly where a member of staff becomes the subject of criminal
proceedings in circumstances where the Home Force may not be aware must report
this to management.
Conduct During Working Hours
Members of the Scottish Police Service should at all times fulfil the duty imposed on
them by serving their communities and protecting all persons and property against
illegal acts without fear or favour. In the performance of this duty, personnel must
respect and protect human dignity, respect an individual’s human rights, use only
appropriate force as is absolutely necessary and at all times act with the utmost
fairness, integrity and impartiality.
Arrested Persons/Detainees
Members of staff
must ensure that all persons in custody or detained by the Police are
treated in a humane manner and with respect for the inherent dignity and wellbeing of
the human person.
Confidentiality - Media
Members of the Scottish Police Service are granted access to private and sensitive
information with regard to members of the public and victims of crime. This
information is only available to enable personnel to perform their duties.
The Scottish Police Service has a responsibility to provide information to and co-
operate with the media. This is a most appropriate policing strategy and protocols and
procedures are in place to legitimise such contact and ensure that only appropriate
disclosure is made.
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Unauthorised disclosure of information whether deliberate or unintentional to the
media or any third party, has the potential to compromise investigations, to undermine
strategic policing initiatives, to cause particular harm and distress to the members of
the public or colleagues to whom the information relates and to undermine public
confidence. Such disclosure may amount to a breach of trust/confidence and may
constitute misconduct. Such disclosure can also be unlawful.
Unless specifically authorised to do so, members of the Scottish Police Service should
not disclose or use any information other than in the course of their official duties.
Use of Discretion
Members of the Scottish Police Service are encouraged to use discretion. However,
this must be applied fairly, honestly and with complete impartiality. The risk of
compromise during such use should always be borne in mind.
Discriminatory Behaviour - Harassment
Members of the Scottish Police Service must not discriminate against any person,
either colleague or member of the public, for any reason.
Discriminatory behaviour or any form of harassment is at best highly inappropriate,
may well be illegal and will be dealt with accordingly. Staff are reminded that the use
of foul or offensive language whether to colleagues or members of the public is
regarded as inappropriate at all times.
The Scottish Police Service has procedures in place to enable the victims of
discriminatory behaviour or victims of harassment to make confidential reports
concerning such matters and thereafter progress can be made with regard to resolution
if at all possible in keeping with the wishes of the complainer.
In addition, members of staff have a duty to deal with discriminatory behaviour or
harassment witnessed by them in respect of colleagues or members of the public and
they must either endeavour to stop such practices and/or report them to an appropriate
manager or supervisor within the Service. To do nothing in such a situation is not an
option.
Reporting Corruption or Serious Misconduct
Integrity is the absolute cornerstone of modern day policing and is dependent upon
the personal conduct of every member of the Scottish Police Service and their
willingness to take action against instances of corruption or serious misconduct.
The Scottish Police Service has given an undertaking to ensure that effective reporting
mechanisms are in place to facilitate any instances of confidential reporting. The
Scottish Police Service is fully committed to tackling all aspects and allegations of
corruption and misconduct.
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Staff when they have suspicions or genuine concerns that an act of corruption or
misconduct has been or may be committed are expected and encouraged to report this
to management. Such reports should be made as soon as is reasonably practical.
The Scottish Police Service has decreed that full support will be made available to
staff reporting under such circumstances. The Scottish Police Service is not
prescriptive as to how such reports are made and there are a number of options in this
regard.
Vetting
The Scottish Police Service must take care when placing officers in positions where
the likelihood or potential for compromise is increased. In such instances there is a
need to minimise the risk to both the organisation and its officers and this can be done
through the introduction of a robust vetting policy.
In this regard, officers of the Scottish Police Service must make full and frank
disclosure throughout any vetting procedure that they become involved in. The
vetting that officers are subjected to will depend upon their role within the
organisation and the level of the vetting required relative to that particular position.
Officers are reminded that during the vetting process, sensitive information may
require to be disclosed by them, however, this will be treated with the utmost
confidentiality.
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(IV)
MANAGEMENT RESPONSIBILITIES
The role of service managers is critical to the success of this Code of Practice. The
opportunities for malpractice and corruption within the Police Service are many and
are increased when policies, procedures, supervision and management are weak. It is
possible to simply identify policy and procedural weaknesses and introduce good
preventative practice to minimise the risks. It is, however, more challenging to
introduce some uniformity in supervisory management practice throughout the
Scottish Police Service to address the above issues.
Managers and supervisors occupy a position of authority over staff and must strive to
provide quality direction and guidance to their staff on issues of professional and
ethical performance. In so doing, they should use common sense, be transparent
about their decision making and be prepared to explain their actions. Open and
ethical management engenders trust and respect and secures the full support of the
team.
The following bullet points are offered as a guide to the standards expected from
managers and supervisors within the Scottish Police Service:-
• promote and demonstrate ethical conduct at all times
• positively intervene to prevent corrupt and unethical conduct
• develop an open and honest management style to allow for effective
communication with all staff
• show support for lawful and reasonable decisions made by staff
• critically reflect on honest mistakes and errors of judgement to achieve the best
learning outcome
• develop a supportive working environment by demonstrating decisive leadership,
personal example and sound judgement and direction
• Ensure all staff are aware of the Code of Ethical Practice and develop an
environment where staff, seek advice/instruction.
(V)
GIFTS AND HOSPITALITY
It is the policy of the Scottish Police Service that staff should not accept gifts or
hospitality for personal benefit as a consequence of being so employed. Such offers
should, in the main, be politely declined and line managers so advised. Where failure
to accept a gift or hospitality would cause embarrassment or even offence to the
individual or body making the offer, then such occurrences should be reported to a
line manager without delay.
There will be occasions when during on duty activities, members of staff will be
offered general hospitality as a matter of routine politeness, and without any
underlying motive to corrupt or seek to influence. The acceptance of such hospitality
is a matter for the discretion of the individual and judgement should be made based on
the appropriateness or not of acceptance or refusal at that time. Where there is any
doubt concerning appropriateness, compromise or perception then such hospitality
should be refused.
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It is imperative to the maintenance of the integrity of the Scottish Police Service that
members of staff do not place themselves under any financial or other obligation to
individuals or organisations that might influence them in the performance of their
duties or indeed could be perceived as doing so
Any gifts or hospitality received and accepted by members of the Scottish Police
Service, which may be perceived as affecting their impartiality to discharge their
duties should be declared and recorded. Such transparency can counter balance
allegations of inappropriateness and evidence the facts and circumstances of
acceptance, thus maintaining the integrity of such decisions.
Discounts
From time to time “discount offers” are made to members of staff by businesses,
without any thought being given to the questions of personal or corporate advantage.
Such offers are often made to other organisations and reflect the benefit of conducting
business with any large workforce. All members of staff are reminded of the
perception that such offers can create and any acceptance should be made after
considering the appropriateness and the ethical implications.
Use of Police Warrant Cards or Identity Cards
All members of staff are reminded that the use of Police Warrant Cards or Identity
Cards is for official identification purposes only and should never be misused.
Charitable Events
Financial or other donations to the Scottish Police Service in connection with
recognised or approved charity events should be encouraged providing that
appropriate records are maintained for audit purposes.
All personnel should ensure that these worthwhile causes receive the high level of
support, which members of the Police Service have traditionally given, without this
impacting on the credibility or integrity of the Service or any individual.
(VI)
DECLARATION OF INTERESTS
Members of the Scottish Police Service must strive to maintain the highest levels of
impartiality and integrity. There are many areas of potential conflicts of interest
during daily activities and it is vital to remain alert and aware in respect of such
possible compromise.
Conflict of interests arise when personal circumstances, associations, affiliations or
financial/business interests either affect impartiality or are perceived as such. Either
way, such issues or perceptions may cast doubt on the integrity of individuals and
their overall fairness and motivation when carrying out their duties.
Such conflicts, perceived or otherwise, should be avoided.
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When personal circumstances, associations, affiliations or financial/business interests
are, or may be perceived as, a conflict of interest they should be declared and
recorded at the earliest opportunity.
(VII)
SUBSTANCE MISUSE
The Scottish Police Service is committed to providing a safe, healthy and productive
working environment for all members of staff. In addition the Service demands that
personnel carry out their duties in an efficient and effective manner as far as possible
without risks to themselves, their colleagues or members of the public.
In this regard, substance misuse (including alcohol, drugs etc) may impact on
judgement and may threaten the health and safety of not only the individuals
concerned but may involve their colleagues and members of the public.
A member of staff with any substance misuse problem should seek help before their
work performance becomes adversely affected.
Members of staff have responsibilities to ensure that such misuse of substances does
not adversely affect either themselves, colleagues or members of the public. Such
misuse impacts on the safety of staff and members of the public and affects
performance of duties, public confidence and the reputation of the service, therefore
to do nothing in such a situation is not an option.
(VIII)
CONCLUSION
The Scottish Police Service Code of Ethical Practice is not a book of absolute rules.
It is a commonsense document that offers guidance regarding expectations in relation
to ethical conduct and standards in respect of all members of staff. It should be
regarded as an ethical framework from which support can be sought in relation to the
many ethical challenges faced during professional and personal exchanges. Such
guidance can only benefit individuals and the Scottish Police Service as a whole.
This Code of Ethical Practice is designed to provide practical guidance that will help
members of the Scottish Police Service to resolve many of the ethical dilemmas that
they face both on and off duty.
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