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Chief Constables – Legal and Professional Duties

Chief Constables - Legal and Professional Duties

Chief constables are the most senior officers in the current 43 territorial police forces of England and Wales. Their role is defined by statute, secondary legislation and professional standards that govern both the exercise of police powers and the management of the force.

The Chief Constables’ Council is the senior operational decision-making body for the National Police Chiefs’ Council (NPCC). It brings together Chief Constables of police forces in the United Kingdom.

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Legal Obligations of a Chief Constable

The current statutory provision is in Section 2(3) of the Police Reform and Social Responsibility Act 2011 : “A police force, and the civilian staff of a police force, are under the direction and control of the chief constable of the force”. The 2011 Act also sets the modern PCC–chief constable relationship.

Chief constables must have regard to the Police and Crime Plan issued by the local Police and Crime Commissioner (PCC) or mayoral equivalent, but they retain operational independence in day-to-day decision-making.

Chief Constables are also the employers of police staff and are personally accountable for the force’s performance, resources, and compliance with the law.

Every constable, including the chief constable, is bound by the declaration set out in Section 83 of the Police Reform Act 2002

I………………..of………………..do solemnly and sincerely declare and affirm that I will well and truly serve the Queen in the office of constable, with fairness, integrity, diligence and impartiality, upholding fundamental human rights and according equal respect to all people; and that I will, to the best of my power, cause the peace to be kept and preserved and prevent all offences against people and property; and that while I continue to hold the said office I will, to the best of my skill and knowledge, discharge all the duties thereof faithfully according to law.

Attestation of constables – Section 83 of the Police Reform Act 2002

The Police Regulations 2003 reinforce this by prohibiting any activity that is likely to interfere with the impartial discharge of duties or that is likely to give the public the impression that it may do so. Officers must not take an active part in politics.

The Equality Act 2010 imposes the public sector equality duty (PSED) on chief constables as public authorities. They must have due regard to the need to eliminate discrimination, advance equality of opportunity, and foster good relations.

However, as the High Court confirmed in R (Smith) v Chief Constable of Northumbria Police [2025] EWHC 1805 (Admin), the PSED is a process duty only. It cannot override or qualify the primary duty of impartiality.

In that case the court held that authorising uniformed officers, led by the chief constable, to march in a Pride event that promoted a contested political position on gender ideology was irrational and unlawful because it created a perception of institutional partiality.

Additional legal obligations arise under the Human Rights Act 1998, data-protection legislation, health-and-safety law and the various codes of practice issued under the Police and Criminal Evidence Act 1984.

Chief constables are also responsible for ensuring the force meets its duties in relation to public order, terrorism prevention, safeguarding and the protection of life.

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Professional and Ethical Duties of a Chief Constable

The College of Policing’s Code of Ethics translates these legal obligations into professional standards of honesty, integrity, leadership, fairness, and respect. Chief constables are expected to model these standards and to create an organisational culture that embeds them. They must also comply with Authorised Professional Practice and national guidance issued by the National Police Chiefs’ Council (NPCC).

Accountability mechanisms are multi-layered. PCCs hold chief constables to account for the delivery of the Police and Crime Plan and can, in extreme cases, call on the chief constable to resign or retire.

His Majesty’s Inspectorate of Constabulary and Fire & Rescue Services (HMICFRS) inspects forces and can issue critical reports. The Independent Office for Police Conduct investigates serious complaints and misconduct. Chief constables themselves can be the subject of misconduct proceedings; the IOPC has conducted dozens of such investigations in recent years.

In practice, the most distinctive professional duty of a chief constable is the continuous balancing of operational independence with democratic accountability and the absolute requirement of impartiality.

Recent case law and inspectorate findings have underscored that visible institutional endorsement of contested political or advocacy causes can undermine public confidence.

Chief constables must therefore ensure that engagement with communities, attendance at events, and the expression of force values remain consistent with the duty to police without fear or favour.

These interlocking legal and professional obligations define the office. A chief constable is not merely a senior manager but the embodiment of the force’s commitment to lawful, impartial and effective policing.

Check out our articles on Policing by Consent, Police Professional Standards, Policing Performance System, Police Misconduct Hearings, Police Impartiality, Police Federation, Police Leadership Commission, Police Surveillance, Are the Police for Hire ?, Independent Office for Police Conduct (IOPC),Police Public Confidence and Engagement, Crime Reporting, What is a Police and Crime Commissioner ?, Sussex Police, Policing, Police News, Two Tiered Policing, Thought Police, Wasting Police Time, Police Community Support Officers (PCSO), Met Police, Chief Constable Jo Shiner, R v Sussex Justices and the highly questionable Sussex Family Justice Board.

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[post_title] was last updated on the 10th November 2026

By Dom Watts

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