The Police Reform and Social Responsibility Act 2011 (the Act) provides, under section 18(1), that the police and crime commissioner for a police area may appoint a person as the deputy police and crime commissioner for that area.  The Act states which of the PCC’s functions can be carried out by the Deputy PCC and which cannot.  The PCC cannot delegate:

• The issuing of the Police and Crime Plan
• The setting of the budget
• The appointment of the Auditor
• The appointment, suspension or dismissal of the Chief Constable.

The PCC can delegate all of his other functions, but the following can only be delegated to the Deputy PCC:

• Determining police and crime objectives
• Attending Panel meetings
• Preparing the Annual Report

The PCC does not at this stage intend to formally delegate any of these functions.

The Deputy PCC will be a senior officer in the office of the Police and Crime Commissioner, working at a strategic level to enable the Commissioner to fulfil his statutory functions and the expectations laid out in the Police and Crime Plan.

Main responsibilities

This is a list of the types of activities the post holder will carry out. It will be subject of discussion with the successful candidate and may evolve over the course of the PCC’s term of office. The post holder may undertake additional duties arising from changing circumstances but which do not change the general character or level of responsibility of the post.

1. Support the PCC to drive the delivery of the Police and Crime Plan, which incorporates the manifesto commitments.
2. Provide support in respect of holding the force to account, by attending meetings with force personnel, deputising for the PCC in his absence and supporting the improvement of OPCC assurance activities.
3. Engaging with communities to raise the profile of the PCC, and to enable consultation and engagement activities to take place, with an emphasis on hearing from the residents of Warwickshire. Supporting the PCC to engage and seek the views and concerns of the people in the county
4. Engaging with key local, regional and national partners to leading or attending boards, meetings and working groups on the PCC’s behalf.
5. Supporting the PCC in attendance at the Police and Crime Panel to ensure that the Panel are able to support and challenge effectively.
6. Supporting partnership working on behalf of the PCC.
7. Leading or managing specific policy areas, projects or areas of interest, in accordance with skills and experience

Security level

• Post holder will be expected to sign the Official Secrets Act

Standards of Behaviour

• Post holder will need to sign the Code of Conduct which incorporates the Nolan Principles for Standards in Public Life

Knowledge

• Degree in a relevant subject or extensive experience
• Knowledge of issues facing policing
• Understanding of governance processes and their application within a statutory office
• Understanding political structures, procedures and policies at both a local and national level

Experience

• Experience of working across different agencies at strategic and operational levels
• Experience in translating strategic objectives into action
• Understanding and experience of the geographic, social and economic nature of the area
• Experience of working with diverse communities and working to secure improved outcomes for local people

Key Skills:

• Ability to think strategically and laterally and deliver on goals and objectives
• High-level communication and presentation skills, including media skills
• Ability to build senior level relationships, influence and negotiate with high ranking officials, and maintain strong relationships
• Ability to take a co-operative approach to achieving priorities, including developing effective collaboration proposals with relevant organisations
• Ability to engage, listen and understand communities with differing needs
• Ability to propose solutions to complex issues with the best interest of local people and vulnerable people always a priority
• Ability to secure credibility, respect and recognition from peers and stakeholders
• Ability to take personal responsibility for decisions made and to be able to communicate these effectively

The post holder must live in Warwickshire and be able to travel extensively around the County and must have flexibility in their schedule to allow for occasional evening and weekend engagements.

Under section 18(10) of the Police Reform and Social Responsibility Act 2011 (“the Act”) the Deputy PCC (DPCC) is a member of the Commissioner’s staff, and therefore they will have a contract that will generally reflect those of the remainder of the PCC’s staff.  Schedule 1 8-10 of the act details the appointment criteria for a DPCC, with Appendix A detailing those who would not be eligible to take up the role.  Given that one of the functions of the DPCC will be to provide continuity and contingency if the PCC were unable to fulfil his role, the list of exclusions for PCC candidates is also listed, and the proposed DPCC will need to be a resident of Warwickshire.

Other legal details about the role include:

• The legislation does not allow for more than one DPCC – for example in a job share arrangement.
• In respect of vetting the DPCC role is the same as the Police and Crime Commissioner, and does not require vetting, but will be required to sign the Official Secrets Act.
• The DPCC is subject to the same conduct regime as the PCC, so complaints about them will be handled by the Police and Crime Panel (with initial handling by the OPCC Chief Executive and Monitoring Officer)

Appendix A

Extract – paragraph 8 of Schedule 1 to the Police Reform and Social Responsibility Act 2011

The deputy police and crime commissioner

(1) This paragraph applies to a person appointed under section 18 by a police and crime commissioner to be the deputy police and crime commissioner.

(2) None of the following may be appointed as the deputy police and crime commissioner—

(a) a person who has not attained the age of 18 on the day of the appointment;

(b) a person who is subject to a relevant disqualification;

(c) a Member of the House of Commons;

(d) a member of the European Parliament;

(e) a member of the National Assembly for Wales;

(f) a member of the Scottish Parliament;

(g) a member of the Northern Ireland Assembly.

(3) The terms and conditions of a person who is appointed as the deputy police and crime commissioner must provide for the appointment to end not later than the day when the current term of office of the appointing police and crime commissioner ends.

(4) Section 7 of the Local Government and Housing Act 1989 (appointment of staff on merit) does not apply to the deputy police and crime commissioner.

(5) In this paragraph “current term of office”, in relation to the appointment of a deputy police and crime commissioner by a police and crime commissioner, means the commissioner’s term of office which is running at the time the appointment is made.

(6) For the purposes of this paragraph, a person is subject to a relevant disqualification if the person is disqualified from being elected as, or being, a police and crime commissioner under—

(a) section 65(1) (police officers, police-related employment etc), other than paragraph (e)(ii);

or

(b) section 66(1), (3)(a)(iii) or (iv), (3)(c) or (3)(d) (citizenship, bankruptcy, criminal convictions & corrupt or illegal election practices).

Relevant disqualification

Section 65(1) Police Reform and Social Responsibility Act 2011

Disqualification from election or holding office as police and crime commissioner: police grounds

(1) A person is disqualified from being elected as, or being, a police and crime commissioner if the person—

(a) is disqualified from being a member of the House of Commons under section 1(1)(d) of the House of Commons Disqualification Act 1975 (members of police forces for police areas in the United Kingdom);

(b) is a member of—

(i) the British Transport Police Force;

(ii) the Civil Nuclear Constabulary;

(c) is a special constable appointed—

(i) under section 27 of the Police Act 1996 for a police area or the City of London police area;

(ii) under section 25 of the Railways and Transport Safety Act 2003 (British Transport Police Force);

(d) is a member of staff of the chief officer of police of any police force maintained for a police area;

(e) is a member of staff of—

(i) a police and crime commissioner;

(ii) the Mayor’s Office for Policing and Crime;

(f) is the Mayor of London;

(g) is a member of the Common Council of the City of London or a member of staff of that Council in its capacity as a police authority;

(h) is a member (including a member who is chairman or chief executive), or member of staff, of—

(i) the British Transport Police Authority;

(ii) the Civil Nuclear Police Authority;

(iii) the Independent Police Complaints Commission;

(iv) the Serious Organised Crime Agency;

(v) the National Policing Improvement Agency;

(i) holds any employment in an entity which is under the control of—

(i) a local policing body;

(ii) any body mentioned in paragraph (h);

(iii) the chief officer of police for any police force maintained for a police area or the City of London police area;

(iv) the chief officer of police for any police force mentioned in paragraph (b).

Section 66 Police Reform and Social Responsibility Act 2011 (relevant parts)

Disqualification from election or holding office as police and crime commissioner: other grounds

(1) A person is disqualified from being elected as, or being, a police and crime commissioner unless the person satisfies the citizenship condition (see section 68).

(3) A person is disqualified from being elected as, or being, a police and crime commissioner if—

(a) the person is the subject of—

(iii) a bankruptcy restrictions order under paragraph 1 of Schedule 4A to that Act;

(iv) a bankruptcy restrictions interim order under paragraph 5 of that Schedule;

(c) the person has been convicted in the United Kingdom, the Channel Islands, or the Isle of Man, of any imprisonable offence (whether or not sentenced to a term of imprisonment in respect of the offence); or

(d) the person is incapable of being elected as a member of the House of Commons, or is required to vacate a seat in the House of Commons, under Part 3 of the Representation of the People Act 1983 (consequences of corrupt or illegal practices).Citizenship condition (Section 68 Police Reform and Social Responsibility Act 2011)

68 Citizenship condition

(1) This section applies for the purposes of section 66.

(2) A person satisfies the citizenship condition if the person is—

(a) a qualifying Commonwealth citizen,

(b) a citizen of the Republic of Ireland, or

(c) a citizen of the Union.

(3) For the purposes of this section, a person is a qualifying Commonwealth citizen if the person is a Commonwealth citizen and—

(a) is not a person who requires leave under the Immigration Act 1971 to enter or remain in the United Kingdom, or

(b) is a person who requires such leave but for the time being has (or is, by virtue of any enactment, to be treated as having) indefinite leave to remain within the meaning of that Act.

(4) But a person who does not require leave to enter or remain in the United Kingdom by virtue only of section 8 of the Immigration Act 1971 (exceptions to requirement for leave in special cases) is not a qualifying Commonwealth citizen by virtue of subsection (3)(a).

(5) In this section the expression “citizen of the Union” is to be construed in accordance with Article 20(1) of the Treaty on the Functioning of the European Union