Member Services / Legal

GUIDANCE TO LEGAL SERVICES FROM THE SCOTTISH POLICE FEDERATION (JCC Circular No 34/1997)

Introduction

The provision of legal advice/assistance to members, retired members and dependants, is one of the most important functions of the Scottish Police Federation. Such advice/assistance is paid for by members' subscriptions. It is impossible, in either the Federation Rules or in this Circular, to describe every set of circumstances where legal advice/assistance may be granted.

Legal advice/assistance from Federation Funds is determined in terms of Regulation 16 of the Police Federation (Scotland) Regulations, 1985, and Rules 22 and 26 of the Police Federation (Scotland) Rules, 1985. This Circular is issued as further guidance in respect of these Rules to clarify matters of policy and procedure. Nothing within this Circular of guidance shall detract from the authority granted in the Police Federation (Scotland) Rules to the Joint Central Committee.

What Is Covered?

The Federation regularly provides legal advice/assistance in connection with on duty criminal injury cases, road accidents, pension/medical appeals and discipline cases.

Further information on some of these matters is contained in this Circular.

What Is Not Covered?

Federation Funds will not be used to support a member against whom a criminal charge or offence has been brought. Officers charged with a crime or offence allegedly committed while on duty may receive legal advice/assistance from the Police Authority. Further information on this can be obtained from your Joint Branch Board Secretary.

Legislation debars the Federation from using its funds in connection with individual cases of promotion/appraisal or purely operational matters.

Who Decides What Is/Is Not Covered.

The Joint Central Committee, its General Secretary, office-bearers or officials. The absolute authority in the determination and application of the Scottish Police Federation Voluntary Fund rests within the Police Federation (Scotland) Rules.

Who Is Covered?

In the case of serving members of the Federation, legal advice and assistance is available to subscribing members only. In the case of retired members, only those who were subscribing members of the voluntary fund at the time of retirement are eligible for legal advice/assistance from the fund. In addition, conditions (a), (b) and (c) of Rule 22 (2) (ix) must be satisfied. Dependants of members/retired members may be eligible for legal advice/assistance with claims for reparation or compensation where the member has been killed or seriously injured on duty.

Federation Solicitors.

As determined by the Joint Central Committee, the Federation Solicitors are the firm of Hughes Dowdall, 205 Bath Street, Glasgow, G2 4HS.

How Do I Apply for Legal Advice/Assistance?

To apply for legal advice/assistance, members, retired members or dependants, must do so through their Joint Branch Board Secretary who will forward the application to the General Secretary of the Joint Central Committee. Applications should be accompanied by a letter from the applicant detailing the circumstances and making clear the action being sought. The application form must be signed by the Joint Branch Board Secretary and two mandate forms must be signed by the applicant and a witness.

Will This Cost Me Anything?

In the vast majority of legal cases there will be no charge to the applicant. In all instances where cases are unsuccessful there will be no charge to the applicant. Where a final award is over £10,000, (or exceeds any original award by £10,000 in CICA cases) a sum of 10% of the award or the cost of legal expenses, whichever is the lesser, shall be recoverable by the Joint Central Committee.

Legal Representation At Misconduct Hearings.

1. As soon as an accused officer makes an election in terms of Regulation 9 or 9A of the Police (Discipline) (Scotland) Regulations 1967 or Regulation 6 or 11 of the Police (Conduct) (Scotland) Regulations 1996, and it is desired to make use of Federation funds to obtain the services of a solicitor, he shall advise the Joint Branch Board Secretary who in turn shall write to the General Secretary of the Joint Central Committee to initiate the necessary action with the Federation Solicitors.

2. In Police Discipline/Conduct cases arising from an officer's court appearance the same nominated solicitor may be used to represent him/her at a subsequent discipline/misconduct hearing. Fees in relation to such cases will be at rates no higher than those agreed from time to time with the Federation Solicitors.

3. The provisions of the services of an Advocate in any case will only be considered in exceptional circumstances by the Joint Central Committee at the instigation of the Federation Solicitors or nominated solicitor.

4. In each case, where a solicitor is obtained to represent an officer at a discipline/misconduct hearing no legal expenses shall be paid by the Federation unless such expenses have been duly sanctioned via the General Secretary in writing to the solicitors. Appeals against Discipline/Conduct Disposals.

Legal assistance may be provided only in relation to the preparation and submission of an appeal statement and for legal representation at an Appeal Hearing where such has been arranged.

Criminal Injuries Compensation Authority.

Applicants must submit their application to the Authority through their Joint Branch Board Secretary. A record of all related correspondence should be maintained by the Joint Branch Board Secretary so that the Federation solicitors may be properly briefed in the event of an appeal. The Joint Central Committee will not normally support an appeal where an applicant has not submitted the initial application through the Joint Branch Board Secretary as described above.

Before submitting an application or requesting an Appeal an applicant should ensure that the injuries sustained meet the CICA criteria for a minimum award.

In general, CICA appeal applications will be forwarded from the General Secretary to the Federation solicitors requesting legal advice only in the first instance. Legal assistance will be primarily dependant on that advice.

Employment Tribunals.

The Federation may provide legal advice/assistance in connection with Employment Tribunals. Before making application for such advice/assistance, an applicant should discuss with his/her Joint Branch Board Secretary whether in-Force procedures such as Grievance Procedures have been exhausted and whether assistance could be obtained from the Police Authority. Representation at Tribunals may be provided by a Federation representative or a solicitor dependant on the circumstances of the case.

Fatal Accident Inquiries.

It may be necessary, for an officer who has been involved in an on duty incident and is to be a witness at a Fatal Accident Inquiry, (where the officer could possibly be held culpable), to apply to the Police Authority for legal assistance for representation separate to that provided for the chief constable. Where such an application has been refused or deferred an officer may be granted assistance from the Federation solicitors until such time as the Police Authority assumes responsibility.

Defamation

Police officers are rightly aggrieved when a false or malicious complaint is made against them or an unfair press article is published about them. The Federation would dearly love to be in a position to support officers in these situations and seek redress on their behalf. However, there are many legal and other problems encountered in supporting such actions, the main ones are outlined below.

1. Necessity to prove that a complaint was not only false and defamatory, but also deliberately malicious.
2. Qualified privilege, i.e. the citizen's right to make a complaint against a public servant.
3. There needs to be some tangible, quantifiable or financial loss.
4. Very lengthy legal processes, very high legal costs and very minimal damages.
5. Complainers are often 'men of straw'.

Conclusion

The Scottish Police Federation seeks to provide a valuable and responsible legal advice/assistance service to its members, retired members and their dependants. Federation resources are finite and while every effort will be made to help those in need we have a responsibility to the whole membership to manage the Voluntary Fund on behalf of everyone both individually and collectively. In some cases potential legal costs far outweigh any potential benefit either for the Federation or the individual and such cases cannot be supported for the above reasons.

Unfortunately, legal cases are rarely resolved quickly and many run on for a number of years.

It is vitally important that anyone receiving legal advice/assistance from the Federation keeps in regular contact with his/her Joint Branch Board Secretary so that progress can be monitored.