Police (Scotland) Act 1857
Encyclopedia
The Police Act 1857 (20 & 21 Vict. c.72) was an Act
of the Parliament of the United Kingdom
. The legislation made the establishment of a police force mandatory in the counties
of Scotland
, and also allowed existing burgh
police forces to be consolidated with a county force.
for each county were required to form a Police Committee to administer a police force for their area. The committee was to consist of not more than 15 commissioners, plus the Lord Lieutenant
and Sheriff
of the county (or their deputies). The police force forces were to come into existence on March 15 1858.
A Chief Constable was to be appointed to each police force by the committee. It was, however, permitted for two or more adjoining counties to appoint a single chief constable. The chief constable was to run the day to day activities of the force, and to appoint and dismiss constables. He was also to appoint a deputy chief constable to act in his absence.
The commissioners of supply were to levy a "police assessment" or special rate to finance the constabulary. They were also permitted to divide a county into Police Districts, with constables allocated to each district, and a separate assessment to be paid in each area.
. They had jurisdiction in all harbours, lochs and bays, and in burghs within the county, and in any adjoining county.
Constables in Berwickshire
, Dumfriesshire
and Roxburghshire
were permitted to serve warrants in the counties of Cumberland
and Northumberland
across the English border.
According to the Inspector's first report in 1859, 32 counties and 57 burghs had established police forces.
Conversely, the act allowed any burgh which had not yet established a police force to do so within six months of the passing of the Act.
Burgh forces were also to be subject to inspection, but those unconsolidated burghs with a population of 5,000 or less were not permitted to avail of central government funds.
The act did not affect any police forces employed by railway or canal companies, or established by local act of parliament.
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
of the Parliament of the United Kingdom
Parliament of the United Kingdom
The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom, British Crown dependencies and British overseas territories, located in London...
. The legislation made the establishment of a police force mandatory in the counties
Counties of Scotland
The counties of Scotland were the principal local government divisions of Scotland until 1975. Scotland's current lieutenancy areas and registration counties are largely based on them. They are often referred to as historic counties....
of Scotland
Scotland
Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...
, and also allowed existing burgh
Burgh
A burgh was an autonomous corporate entity in Scotland and Northern England, usually a town. This type of administrative division existed from the 12th century, when King David I created the first royal burghs. Burgh status was broadly analogous to borough status, found in the rest of the United...
police forces to be consolidated with a county force.
Establishment of County Police Forces
The Commissioners of SupplyCommissioners of Supply
Commissioners of Supply were local administrative bodies in Scotland from 1667 to 1930. Originally established in each sheriffdom to collect tax, they later took on much of the responsibility for the local government of the counties of Scotland. In 1890 they ceded most of their duties to the county...
for each county were required to form a Police Committee to administer a police force for their area. The committee was to consist of not more than 15 commissioners, plus the Lord Lieutenant
Lord Lieutenant
The title Lord Lieutenant is given to the British monarch's personal representatives in the United Kingdom, usually in a county or similar circumscription, with varying tasks throughout history. Usually a retired local notable, senior military officer, peer or business person is given the post...
and Sheriff
Sheriff
A sheriff is in principle a legal official with responsibility for a county. In practice, the specific combination of legal, political, and ceremonial duties of a sheriff varies greatly from country to country....
of the county (or their deputies). The police force forces were to come into existence on March 15 1858.
A Chief Constable was to be appointed to each police force by the committee. It was, however, permitted for two or more adjoining counties to appoint a single chief constable. The chief constable was to run the day to day activities of the force, and to appoint and dismiss constables. He was also to appoint a deputy chief constable to act in his absence.
The commissioners of supply were to levy a "police assessment" or special rate to finance the constabulary. They were also permitted to divide a county into Police Districts, with constables allocated to each district, and a separate assessment to be paid in each area.
Jurisdiction of County Constables
Constables of a county police force were to have full powers within their county, which was to include for policing purposes any detached parts of other counties locally situate within it. Similar provisions were made in regard to sherriffs and justices of the peaceJustice of the Peace
A justice of the peace is a puisne judicial officer elected or appointed by means of a commission to keep the peace. Depending on the jurisdiction, they might dispense summary justice or merely deal with local administrative applications in common law jurisdictions...
. They had jurisdiction in all harbours, lochs and bays, and in burghs within the county, and in any adjoining county.
Constables in Berwickshire
Berwickshire
Berwickshire or the County of Berwick is a registration county, a committee area of the Scottish Borders Council, and a lieutenancy area of Scotland, on the border with England. The town after which it is named—Berwick-upon-Tweed—was lost by Scotland to England in 1482...
, Dumfriesshire
Dumfriesshire
Dumfriesshire or the County of Dumfries is a registration county of Scotland. The lieutenancy area of Dumfries has similar boundaries.Until 1975 it was a county. Its county town was Dumfries...
and Roxburghshire
Roxburghshire
Roxburghshire or the County of Roxburgh is a registration county of Scotland. It borders Dumfries to the west, Selkirk to the north-west, and Berwick to the north. To the south-east it borders Cumbria and Northumberland in England.It was named after the Royal Burgh of Roxburgh...
were permitted to serve warrants in the counties of Cumberland
Cumberland
Cumberland is a historic county of North West England, on the border with Scotland, from the 12th century until 1974. It formed an administrative county from 1889 to 1974 and now forms part of Cumbria....
and Northumberland
Northumberland
Northumberland is the northernmost ceremonial county and a unitary district in North East England. For Eurostat purposes Northumberland is a NUTS 3 region and is one of three boroughs or unitary districts that comprise the "Northumberland and Tyne and Wear" NUTS 2 region...
across the English border.
Inspector of Constabulary
An Inspector of Constabulary was to be appointed to ensure that an efficient police system was being operated by the various forces in Scotland. He was to certify annually that each force was being effectively, making it eligible to payment of one quarter of its costs by the treasury.According to the Inspector's first report in 1859, 32 counties and 57 burghs had established police forces.
Burgh Police Forces
A number of burghs had established police forces, either under the Burgh Police (Scotland) Act 1833 or by local acts. The magistrates and town council of a burgh could agree with the commissioners of supply of a county to consolidate the burgh force with the county police. One or more members of the town council would be appointed to the county police committee in this case.Conversely, the act allowed any burgh which had not yet established a police force to do so within six months of the passing of the Act.
Burgh forces were also to be subject to inspection, but those unconsolidated burghs with a population of 5,000 or less were not permitted to avail of central government funds.
Exceptions
The Act did not automatically extend to Orkney and Shetland, although it could be applied by Order in Council on the request of the Sheriff of the county.The act did not affect any police forces employed by railway or canal companies, or established by local act of parliament.