LegalizeReform history
Police, Public Order and Criminal Justice (Scotland) Act 2006
20 versions
· 2025-06-25
2025-06-25
Police, Public Order and Criminal Justice (Scotland) Act 2006
2024-05-01
Police, Public Order and Criminal Justice (Scotland) Act 2006
2017-06-15
Police, Public Order and Criminal Justice (Scotland) Act 2006
2015-09-22
Police, Public Order and Criminal Justice (Scotland) Act 2006
Changes on 2015-09-22
@@ -998,7 +998,7 @@
- (2) Subsection (3) applies where a football banning order made under section 51 is quashed on appeal.
- (3) Where the High Court of Justiciary does not specify, as a reason for quashing the order, that the court which made the order erred in holding that the offence in respect of which the order was made was one to which section 51(4) applied, the High Court may, in addition to any other order which it makes, make a declaration that the offence was one to which that section applied.
- (3) Where the court hearing the appeal does not specify, as a reason for quashing the order, that the court which made the order erred in holding that the offence in respect of which the order was made was one to which section 51(4) applied, the court hearing the appeal may, in addition to any other order which it makes, make a declaration that the offence was one to which that section applied.
- (4) The following decisions may be appealed to the sheriff principal—
@@ -2234,6 +2234,8 @@
- (4) Subsection (3) does not prevent disclosure by the court or the clerk of court to the High Court or the Clerk of Justiciary in connection with proceedings to which section 96 applies.
- (4A) Subsection (3) does not prevent disclosure by the court or the Clerk of the Sheriff Appeal Court in connection with proceedings to which section 96A applies.
- (5) In subsection (2), a “relevant officer is a constable or any other officer of an organisation having functions which are conferred by or under an enactment or rule of law and which consist of or include the investigation of offences.
- (6) The reference in subsection (2) to a report in writing includes a reference to a report made by means of an electronic communication (within the meaning given by section 15(1) of the Electronic Communications Act 2000 (c. 7)) the contents of which are kept or recorded so that they can be conveniently consulted later by the maker of the report and those to whom it was made available.
@@ -2244,7 +2246,7 @@
- (1) This section applies to any proceedings in the High Court in relation to—
- (a) an appeal under section 106(1), 108, 108A or 175(2) to (4) of the 1995 Act;
- (a) an appeal under section 106(1), 108, or 108A of the 1995 Act;
- (b) an appeal by way of bill of suspension or advocation;
@@ -2254,7 +2256,7 @@
- (e) a petition to the nobile officium.
- (2) In subsection (1) the reference to proceedings in the High Court includes consideration by a judge of the High Court whether to grant leave to appeal under section 107, 180 or 187 of the 1995 Act.
- (2) In subsection (1) the reference to proceedings in the High Court includes consideration by a judge of the High Court whether to grant leave to appeal under section 107 ... of the 1995 Act.
- (3) If, under subsection (2) of section 95, the lower court in passing sentence on the offender took into account information contained in a report mentioned in that subsection, the High Court and the Clerk of Justiciary—
@@ -2264,13 +2266,13 @@
- (4) If, in a case not falling within subsection (3), the High Court or the Clerk of Justiciary becomes aware of information contained in a report mentioned in subsection (2) of section 95 or that a court in passing sentence has, under that subsection, taken that information into account, the High Court or the Clerk of Justiciary must not disclose to any person the information, the existence of the report or whether the sentence passed by the lower court on the person to whom the report relates is less than the sentence it would have passed but for the assistance given by that person.
- (5) Sections 107(10), 113(2), 179(8), 180(10), 186(4)(b), 187(9) and 298(2) of the 1995 Act do not apply in a case falling within subsection (3) or (4) to the extent that they require a disclosure which, if made by the High Court or the Clerk of Justiciary, would contravene the subsection in question.
- (5) Sections 107(10), 113(2) ... and 298(2) of the 1995 Act do not apply in a case falling within subsection (3) or (4) to the extent that they require a disclosure which, if made by the High Court or the Clerk of Justiciary, would contravene the subsection in question.
- (6) Subsection (5) does not, however, operate so as to prevent any disclosure to the Crown Agent or the Scottish Criminal Cases Review Commission; but subsection (3) or, as the case may be, subsection (4) applies to the Crown Agent and the Commission in relation to any such disclosure as it applies to the High Court and the Clerk of Justiciary in relation to a case falling within that subsection (but not so as to prevent disclosure by the Crown Agent or the Commission to the High Court).
- (7) Subsections (2) to (5) of section 93 apply to proceedings referred to in subsection (1) of this section as they apply to proceedings referred to in subsection (1) of that section.
- (8) The Scottish Ministers may, by order, make further provision for the purpose of giving full effect to the preceding provisions of this section, including provision modifying the 1995 Act.
- (8) The Scottish Ministers may, by order, make further provision for the purpose of giving full effect to the preceding provisions of this section or to section 96A, including provision modifying the 1995 Act.
### Conditional immunity from prosecution
@@ -3423,9 +3425,11 @@
- (i) the National Criminal Intelligence Service or;
- (ii) the National Crime Squad; or
- (i) is or has been a member of the Serious Organised Crime Agency.
- (ii) the National Crime Squad; ...
- (i) ... has been a member of the Serious Organised Crime Agency or
- (j) is or has been a National Crime Agency officer.
- (2) The disqualification under sub-paragraph (1)(a) does not extend to any membership ending more than 3 years before the person is appointed to the office of Commissioner.
@@ -4070,7 +4074,7 @@
In the Schedule to the Regulation of Investigatory Powers (Prescription of Offices, Ranks and Positions) (Scotland) Order 2000, for “The Operational and Intelligence Group of the Scottish Drug Enforcement Agency” there is substituted “ “The Scottish Crime and Drug Enforcement Agency ”.
#### Establishment of the Scottish Police Services Authority
#### Duty to establish and maintain the Agency
#### Strategic priorities of the Authority
@@ -4376,15 +4380,15 @@
[^key-35a5b8f79e36a0a739aa65824bde4346]: Words in s. 99 repealed (1.4.2013) by [Police and Fire Reform (Scotland) Act 2012 (asp 8)](https://www.legislation.gov.uk/asp/2012/8), [s. 129(2)](https://www.legislation.gov.uk/asp/2012/8/section/129/2), [Sch. 8 Pt. 1](https://www.legislation.gov.uk/asp/2012/8/schedule/8/part/1); [S.S.I. 2013/51](https://www.legislation.gov.uk/ssi/2013/51), [art. 2](https://www.legislation.gov.uk/ssi/2013/51/article/2) (with transitional provisions and savings in [S.S.I. 2013/121](https://www.legislation.gov.uk/ssi/2013/121))
[^key-b3bc6c0fee096eafe95dd5cb387d2187]: Words in [Sch. 4 para. 2(1)(b)](https://www.legislation.gov.uk/asp/2006/10/schedule/4/paragraph/2/1/b) substituted (1.4.2013) by [Police and Fire Reform (Scotland) Act 2012 (asp 8)](https://www.legislation.gov.uk/asp/2012/8), [s. 129(2)](https://www.legislation.gov.uk/asp/2012/8/section/129/2), [Sch. 7 para. 33(17)(a)(i)](https://www.legislation.gov.uk/asp/2012/8/schedule/7/paragraph/33/17/a/i); [S.S.I. 2013/51](https://www.legislation.gov.uk/ssi/2013/51), [art. 2](https://www.legislation.gov.uk/ssi/2013/51/article/2) (with transitional provisions and savings in [S.S.I. 2013/121](https://www.legislation.gov.uk/ssi/2013/121))
[^key-1cf86f822bbcb4279d23ddd6296cf798]: [Sch. 4 para. 2(1)(da)](https://www.legislation.gov.uk/asp/2006/10/schedule/4/paragraph/2/1/da) inserted (1.4.2013) by [Police and Fire Reform (Scotland) Act 2012 (asp 8)](https://www.legislation.gov.uk/asp/2012/8), [s. 129(2)](https://www.legislation.gov.uk/asp/2012/8/section/129/2), [Sch. 7 para. 33(17)(a)(ii)](https://www.legislation.gov.uk/asp/2012/8/schedule/7/paragraph/33/17/a/ii); [S.S.I. 2013/51](https://www.legislation.gov.uk/ssi/2013/51), [art. 2](https://www.legislation.gov.uk/ssi/2013/51/article/2) (with transitional provisions and savings in [S.S.I. 2013/121](https://www.legislation.gov.uk/ssi/2013/121))
[^key-7889ac3a7cb8bbc6850a86e4b7b7e846]: Words in [Sch. 4 para. 2(1)(e)](https://www.legislation.gov.uk/asp/2006/10/schedule/4/paragraph/2/1/e) inserted (1.4.2013) by [Police and Fire Reform (Scotland) Act 2012 (asp 8)](https://www.legislation.gov.uk/asp/2012/8), [s. 129(2)](https://www.legislation.gov.uk/asp/2012/8/section/129/2), [Sch. 7 para. 33(17)(a)(iii)](https://www.legislation.gov.uk/asp/2012/8/schedule/7/paragraph/33/17/a/iii); [S.S.I. 2013/51](https://www.legislation.gov.uk/ssi/2013/51), [art. 2](https://www.legislation.gov.uk/ssi/2013/51/article/2) (with transitional provisions and savings in [S.S.I. 2013/121](https://www.legislation.gov.uk/ssi/2013/121))
[^key-b4e95a8c982b08355e4c9339ed8c84bc]: Words in [Sch. 4 para. 2(1)(g)](https://www.legislation.gov.uk/asp/2006/10/schedule/4/paragraph/2/1/g) inserted (1.4.2013) by [Police and Fire Reform (Scotland) Act 2012 (asp 8)](https://www.legislation.gov.uk/asp/2012/8), [s. 129(2)](https://www.legislation.gov.uk/asp/2012/8/section/129/2), [Sch. 7 para. 33(17)(a)(iv)](https://www.legislation.gov.uk/asp/2012/8/schedule/7/paragraph/33/17/a/iv); [S.S.I. 2013/51](https://www.legislation.gov.uk/ssi/2013/51), [art. 2](https://www.legislation.gov.uk/ssi/2013/51/article/2) (with transitional provisions and savings in [S.S.I. 2013/121](https://www.legislation.gov.uk/ssi/2013/121))
[^key-3d5873520777a75ea362b5630bed1008]: [Sch. 4 para. 2(1)(f)](https://www.legislation.gov.uk/asp/2006/10/schedule/4/paragraph/2/1/f) repealed (1.4.2013) by [Police and Fire Reform (Scotland) Act 2012 (asp 8)](https://www.legislation.gov.uk/asp/2012/8), [s. 129(2)](https://www.legislation.gov.uk/asp/2012/8/section/129/2), [Sch. 8 Pt. 1](https://www.legislation.gov.uk/asp/2012/8/schedule/8/part/1); [S.S.I. 2013/51](https://www.legislation.gov.uk/ssi/2013/51), [art. 2](https://www.legislation.gov.uk/ssi/2013/51/article/2) (with transitional provisions and savings in [S.S.I. 2013/121](https://www.legislation.gov.uk/ssi/2013/121))
[^key-b3bc6c0fee096eafe95dd5cb387d2187]: Words in Sch. 4 para. 2(1)(b) substituted (1.4.2013) by [Police and Fire Reform (Scotland) Act 2012 (asp 8)](https://www.legislation.gov.uk/asp/2012/8), [s. 129(2)](https://www.legislation.gov.uk/asp/2012/8/section/129/2), [Sch. 7 para. 33(17)(a)(i)](https://www.legislation.gov.uk/asp/2012/8/schedule/7/paragraph/33/17/a/i); [S.S.I. 2013/51](https://www.legislation.gov.uk/ssi/2013/51), [art. 2](https://www.legislation.gov.uk/ssi/2013/51/article/2) (with transitional provisions and savings in [S.S.I. 2013/121](https://www.legislation.gov.uk/ssi/2013/121))
[^key-1cf86f822bbcb4279d23ddd6296cf798]: Sch. 4 para. 2(1)(da) inserted (1.4.2013) by [Police and Fire Reform (Scotland) Act 2012 (asp 8)](https://www.legislation.gov.uk/asp/2012/8), [s. 129(2)](https://www.legislation.gov.uk/asp/2012/8/section/129/2), [Sch. 7 para. 33(17)(a)(ii)](https://www.legislation.gov.uk/asp/2012/8/schedule/7/paragraph/33/17/a/ii); [S.S.I. 2013/51](https://www.legislation.gov.uk/ssi/2013/51), [art. 2](https://www.legislation.gov.uk/ssi/2013/51/article/2) (with transitional provisions and savings in [S.S.I. 2013/121](https://www.legislation.gov.uk/ssi/2013/121))
[^key-7889ac3a7cb8bbc6850a86e4b7b7e846]: Words in Sch. 4 para. 2(1)(e) inserted (1.4.2013) by [Police and Fire Reform (Scotland) Act 2012 (asp 8)](https://www.legislation.gov.uk/asp/2012/8), [s. 129(2)](https://www.legislation.gov.uk/asp/2012/8/section/129/2), [Sch. 7 para. 33(17)(a)(iii)](https://www.legislation.gov.uk/asp/2012/8/schedule/7/paragraph/33/17/a/iii); [S.S.I. 2013/51](https://www.legislation.gov.uk/ssi/2013/51), [art. 2](https://www.legislation.gov.uk/ssi/2013/51/article/2) (with transitional provisions and savings in [S.S.I. 2013/121](https://www.legislation.gov.uk/ssi/2013/121))
[^key-b4e95a8c982b08355e4c9339ed8c84bc]: Words in Sch. 4 para. 2(1)(g) inserted (1.4.2013) by [Police and Fire Reform (Scotland) Act 2012 (asp 8)](https://www.legislation.gov.uk/asp/2012/8), [s. 129(2)](https://www.legislation.gov.uk/asp/2012/8/section/129/2), [Sch. 7 para. 33(17)(a)(iv)](https://www.legislation.gov.uk/asp/2012/8/schedule/7/paragraph/33/17/a/iv); [S.S.I. 2013/51](https://www.legislation.gov.uk/ssi/2013/51), [art. 2](https://www.legislation.gov.uk/ssi/2013/51/article/2) (with transitional provisions and savings in [S.S.I. 2013/121](https://www.legislation.gov.uk/ssi/2013/121))
[^key-3d5873520777a75ea362b5630bed1008]: Sch. 4 para. 2(1)(f) repealed (1.4.2013) by [Police and Fire Reform (Scotland) Act 2012 (asp 8)](https://www.legislation.gov.uk/asp/2012/8), [s. 129(2)](https://www.legislation.gov.uk/asp/2012/8/section/129/2), [Sch. 8 Pt. 1](https://www.legislation.gov.uk/asp/2012/8/schedule/8/part/1); [S.S.I. 2013/51](https://www.legislation.gov.uk/ssi/2013/51), [art. 2](https://www.legislation.gov.uk/ssi/2013/51/article/2) (with transitional provisions and savings in [S.S.I. 2013/121](https://www.legislation.gov.uk/ssi/2013/121))
[^key-9392e528aa9c5d5cea0fa9a5bb0c6a08]: Figure in [Sch. 4 para. 3(2)(a)](https://www.legislation.gov.uk/asp/2006/10/schedule/4/paragraph/3/2/a) substituted (1.4.2013) by [Police and Fire Reform (Scotland) Act 2012 (asp 8)](https://www.legislation.gov.uk/asp/2012/8), [s. 129(2)](https://www.legislation.gov.uk/asp/2012/8/section/129/2), [Sch. 7 para. 33(17)(b)(i)](https://www.legislation.gov.uk/asp/2012/8/schedule/7/paragraph/33/17/b/i); [S.S.I. 2013/51](https://www.legislation.gov.uk/ssi/2013/51), [art. 2](https://www.legislation.gov.uk/ssi/2013/51/article/2) (with transitional provisions and savings in [S.S.I. 2013/121](https://www.legislation.gov.uk/ssi/2013/121))
@@ -4404,9 +4408,35 @@
[^key-790fe5efcb4f75cfcd2e2c74622dd8c4]: [S. 55(3)(a)(ii)](https://www.legislation.gov.uk/asp/2006/10/section/55/3/a/ii) substituted (9.7.2013) by [The Football Banning Orders (Regulated Football Matches) (Scotland) Order 2013 (S.S.I. 2013/228)](https://www.legislation.gov.uk/ssi/2013/228), [arts. 1](https://www.legislation.gov.uk/ssi/2013/228/article/1), [2](https://www.legislation.gov.uk/ssi/2013/228/article/2)
#### General functions of the Commissioner
#### Power of Commissioner to issue guidance
[^key-bbb27b2fa950eaff7511fa463ad3966f]: [Sch. 4 para. 2(1)(j)](https://www.legislation.gov.uk/asp/2006/10/schedule/4/paragraph/2/1/j) inserted (7.10.2013) by [Crime and Courts Act 2013 (c. 22)](https://www.legislation.gov.uk/ukpga/2013/22), [s. 61(2)](https://www.legislation.gov.uk/ukpga/2013/22/section/61/2), [Sch. 8 para. 172(c)](https://www.legislation.gov.uk/ukpga/2013/22/schedule/8/paragraph/172/c); [S.I. 2013/1682](https://www.legislation.gov.uk/uksi/2013/1682), [art. 3(v)](https://www.legislation.gov.uk/uksi/2013/1682/article/3/v)
[^key-a7c61a15db6c2330cb2fefd8f7282230]: Word in [Sch. 4 para. 2(1)(h)(ii)](https://www.legislation.gov.uk/asp/2006/10/schedule/4/paragraph/2/1/h/ii) omitted (7.10.2013) by virtue of [Crime and Courts Act 2013 (c. 22)](https://www.legislation.gov.uk/ukpga/2013/22), [s. 61(2)](https://www.legislation.gov.uk/ukpga/2013/22/section/61/2), [Sch. 8 para. 172(a)](https://www.legislation.gov.uk/ukpga/2013/22/schedule/8/paragraph/172/a); [S.I. 2013/1682](https://www.legislation.gov.uk/uksi/2013/1682), [art. 3(v)](https://www.legislation.gov.uk/uksi/2013/1682/article/3/v)
[^key-c5ca2de7c384995bc7df8ec82c441887]: Words in [Sch. 4 para. 2(1)(i)](https://www.legislation.gov.uk/asp/2006/10/schedule/4/paragraph/2/1/i) omitted (7.10.2013) by virtue of [Crime and Courts Act 2013 (c. 22)](https://www.legislation.gov.uk/ukpga/2013/22), [s. 61(2)](https://www.legislation.gov.uk/ukpga/2013/22/section/61/2), [Sch. 8 para. 172(b)(i)](https://www.legislation.gov.uk/ukpga/2013/22/schedule/8/paragraph/172/b/i); [S.I. 2013/1682](https://www.legislation.gov.uk/uksi/2013/1682), [art. 3(v)](https://www.legislation.gov.uk/uksi/2013/1682/article/3/v)
[^key-428942faea4373f29c93d1b9343876b9]: Word in [Sch. 4 para. 2(1)(i)](https://www.legislation.gov.uk/asp/2006/10/schedule/4/paragraph/2/1/i) inserted (7.10.2013) by [Crime and Courts Act 2013 (c. 22)](https://www.legislation.gov.uk/ukpga/2013/22), [s. 61(2)](https://www.legislation.gov.uk/ukpga/2013/22/section/61/2), [Sch. 8 para. 172(b)(ii)](https://www.legislation.gov.uk/ukpga/2013/22/schedule/8/paragraph/172/b/ii); [S.I. 2013/1682](https://www.legislation.gov.uk/uksi/2013/1682), [art. 3(v)](https://www.legislation.gov.uk/uksi/2013/1682/article/3/v)
[^key-dfc9c5a8bf367b856d7766e41d86021f]: [S. 96A](https://www.legislation.gov.uk/asp/2006/10/section/96A) inserted (22.9.2015) by [The Courts Reform (Scotland) Act 2014 (Consequential Provisions No. 2) Order 2015 (S.S.I. 2015/338)](https://www.legislation.gov.uk/ssi/2015/338), [art. 1](https://www.legislation.gov.uk/ssi/2015/338/article/1), [Sch. 2 para. 9(6)](https://www.legislation.gov.uk/ssi/2015/338/schedule/2/paragraph/9/6) (with [art. 4](https://www.legislation.gov.uk/ssi/2015/338/article/4))
[^key-83179cf265f70c730da31afc07721708]: Words in [s. 60(3)](https://www.legislation.gov.uk/asp/2006/10/section/60/3) substituted (22.9.2015) by [The Courts Reform (Scotland) Act 2014 (Consequential Provisions No. 2) Order 2015 (S.S.I. 2015/338)](https://www.legislation.gov.uk/ssi/2015/338), [art. 1](https://www.legislation.gov.uk/ssi/2015/338/article/1), [Sch. 2 para. 9(2)(a)](https://www.legislation.gov.uk/ssi/2015/338/schedule/2/paragraph/9/2/a) (with [art. 4](https://www.legislation.gov.uk/ssi/2015/338/article/4))
[^key-ec93021bb102b8fd48db7c511064e02e]: Words in [s. 60(3)](https://www.legislation.gov.uk/asp/2006/10/section/60/3) substituted (22.9.2015) by [The Courts Reform (Scotland) Act 2014 (Consequential Provisions No. 2) Order 2015 (S.S.I. 2015/338)](https://www.legislation.gov.uk/ssi/2015/338), [art. 1](https://www.legislation.gov.uk/ssi/2015/338/article/1), [Sch. 2 para. 9(2)(b)](https://www.legislation.gov.uk/ssi/2015/338/schedule/2/paragraph/9/2/b) (with [art. 4](https://www.legislation.gov.uk/ssi/2015/338/article/4))
[^key-1e969d32ef9e5c7cea6103ce118cf84a]: [S. 95(4A)](https://www.legislation.gov.uk/asp/2006/10/section/95/4A) inserted (22.9.2015) by [The Courts Reform (Scotland) Act 2014 (Consequential Provisions No. 2) Order 2015 (S.S.I. 2015/338)](https://www.legislation.gov.uk/ssi/2015/338), [art. 1](https://www.legislation.gov.uk/ssi/2015/338/article/1), [Sch. 2 para. 9(3)](https://www.legislation.gov.uk/ssi/2015/338/schedule/2/paragraph/9/3) (with [art. 4](https://www.legislation.gov.uk/ssi/2015/338/article/4))
[^key-cf50f4c8bc4d172d4e1883501983379e]: [S. 96](https://www.legislation.gov.uk/asp/2006/10/section/96) heading substituted (22.9.2015) by [The Courts Reform (Scotland) Act 2014 (Consequential Provisions No. 2) Order 2015 (S.S.I. 2015/338)](https://www.legislation.gov.uk/ssi/2015/338), [art. 1](https://www.legislation.gov.uk/ssi/2015/338/article/1), [Sch. 2 para. 9(5)](https://www.legislation.gov.uk/ssi/2015/338/schedule/2/paragraph/9/5) (with [art. 4](https://www.legislation.gov.uk/ssi/2015/338/article/4))
[^key-43754a8a13484caaf89ab5c0f6c3ddba]: Words in [s. 96(1)(a)](https://www.legislation.gov.uk/asp/2006/10/section/96/1/a) substituted (22.9.2015) by [The Courts Reform (Scotland) Act 2014 (Consequential Provisions No. 2) Order 2015 (S.S.I. 2015/338)](https://www.legislation.gov.uk/ssi/2015/338), [art. 1](https://www.legislation.gov.uk/ssi/2015/338/article/1), [Sch. 2 para. 9(4)(a)](https://www.legislation.gov.uk/ssi/2015/338/schedule/2/paragraph/9/4/a) (with [art. 4](https://www.legislation.gov.uk/ssi/2015/338/article/4))
[^key-cca635797ebeb3213edb70d55bdebc03]: Words in [s. 96(2)](https://www.legislation.gov.uk/asp/2006/10/section/96/2) repealed (22.9.2015) by [The Courts Reform (Scotland) Act 2014 (Consequential Provisions No. 2) Order 2015 (S.S.I. 2015/338)](https://www.legislation.gov.uk/ssi/2015/338), [art. 1](https://www.legislation.gov.uk/ssi/2015/338/article/1), [Sch. 2 para. 9(4)(b)](https://www.legislation.gov.uk/ssi/2015/338/schedule/2/paragraph/9/4/b) (with [art. 4](https://www.legislation.gov.uk/ssi/2015/338/article/4))
[^key-93b522e1991d81f64e5d848821f8b377]: Words in [s. 96(5)](https://www.legislation.gov.uk/asp/2006/10/section/96/5) repealed (22.9.2015) by [The Courts Reform (Scotland) Act 2014 (Consequential Provisions No. 2) Order 2015 (S.S.I. 2015/338)](https://www.legislation.gov.uk/ssi/2015/338), [art. 1](https://www.legislation.gov.uk/ssi/2015/338/article/1), [Sch. 2 para. 9(4)(c)](https://www.legislation.gov.uk/ssi/2015/338/schedule/2/paragraph/9/4/c) (with [art. 4](https://www.legislation.gov.uk/ssi/2015/338/article/4))
[^key-6c3f634bb6033986c9568a4c668937c5]: Words in [s. 96(8)](https://www.legislation.gov.uk/asp/2006/10/section/96/8) inserted (22.9.2015) by [The Courts Reform (Scotland) Act 2014 (Consequential Provisions No. 2) Order 2015 (S.S.I. 2015/338)](https://www.legislation.gov.uk/ssi/2015/338), [art. 1](https://www.legislation.gov.uk/ssi/2015/338/article/1), [Sch. 2 para. 9(4)(d)](https://www.legislation.gov.uk/ssi/2015/338/schedule/2/paragraph/9/4/d) (with [art. 4](https://www.legislation.gov.uk/ssi/2015/338/article/4))
#### The Police Investigations and Review Commissioner
#### Provision of information to the Commissioner
#### Minor amendments of 1982 Act
@@ -4526,7 +4556,7 @@
- (d) to investigate other matters relating to the Authority or the Police Service where the Commissioner considers that it would be in the public interest to do so (see section 41C).
#### Duty of Commissioner not to proceed with certain complaint handling reviews
#### Examination of manner of handling of complaint
##### 40A
@@ -4580,7 +4610,7 @@
- (c) a matter which is being, or has been, investigated by the Commissioner by virtue of paragraph (c) of section 33A.
#### Investigations: obstruction and contempt
#### Reports on investigations
##### 41E
@@ -4644,9 +4674,9 @@
- (2) In subsection (1), “ *statement* ” has the same meaning as in the Defamation Act 1996 (c.31).
#### Appointments of assistant inspectors of constabulary and staff officers
#### Making of order on application to the sheriff
#### Allowances payable to special constables
#### Making of order on conviction of a football-related offence
#### Powers and duties of local authorities
@@ -4658,11 +4688,11 @@
#### Sale of knives and articles with blade or point to young persons
#### Powers to take data and samples from persons subject to notification requirements
#### Possession of prohibited fireworks: powers of search and arrest
#### Sex offender notification requirements
#### Police powers of entry to and examination of relevant offender's home address
#### Information about release: power to require giving of specified information
#### Power to require giving of certain information in addition to name and address
@@ -4672,9 +4702,9 @@
#### Testing of arrested persons for Class A drugs
#### Requirements under section 85: supplementary
#### Equal opportunities
#### Assessment following positive test under section 20A of the 1995 Act
#### Meanings of “the 1967 Act”, “the 1995 Act” and “the 2003 Act”
### Staff officers
@@ -4743,3 +4773,27 @@
- (ii) section 200 of the Employment Rights Act 1996 (c.18).
- (4) The Scottish Ministers may by order apply any enactment relating to the investigation of offences by constables (subject to such modifications as they consider appropriate) in relation to investigations carried out in pursuance of paragraph (b)(i) of section 33A by a member of the Commissioner's staff designated under sub-paragraph (1).
##### 96A
- (1) This section applies to any proceedings in the Sheriff Appeal Court in relation to—
- (a) an appeal under section 175(2) to (4) of the 1995 Act; or
- (b) an appeal by way of bill of suspension or advocation.
- (2) In subsection (1) the reference to proceedings in the Sheriff Appeal Court includes consideration by an Appeal Sheriff whether to grant leave to appeal under section 180 or 187 of the 1995 Act.
- (3) If, under subsection (2) of section 95, the lower court in passing sentence on the offender took into account information contained in a report mentioned in that subsection, the Sheriff Appeal Court and the Clerk of the Sheriff Appeal Court—
- (a) must not disclose the information or the existence of the report to any person other than the prosecutor, the offender and, with the offender’s agreement, the offender’s counsel or solicitor; and
- (b) must not disclose to any person whether the sentence passed by the lower court is less than it would have passed but for the assistance given by the offender.
- (4) If, in a case not falling within subsection (3), the Sheriff Appeal Court or the Clerk of the Sheriff Appeal Court becomes aware of information contained in a report mentioned in subsection (2) of section 95 or that a court in passing sentence has, under that subsection, taken that information into account, the Sheriff Appeal Court or the Clerk of the Sheriff Appeal Court must not disclose to any person the information, the existence of the report or whether the sentence passed by the lower court on the person to whom the report relates is less than the sentence it would have passed but for the assistance given by that person.
- (5) Sections 179(8), 180(10), 186(4)(b), 187(9) and 298(2B) of the 1995 Act do not apply in a case falling within subsection (3) or (4) to the extent that they require a disclosure which, if made by the Sheriff Appeal Court or the Clerk of the Sheriff Appeal Court, would contravene the subsection in question.
- (6) Subsection (5) does not, however, operate so as to prevent any disclosure to the prosecutor; but subsection (3) or, as the case may be, subsection (4) applies to the prosecutor in relation to any such disclosure as it applies to the Sheriff Appeal Court and the Clerk of the Sheriff Appeal Court in relation to a case falling within that subsection (but not so as to prevent disclosure by the prosecutor to the Sheriff Appeal Court).
- (7) Subsections (2) to (5) of section 93 apply to proceedings referred to in subsection (1) of this section as they apply to proceedings referred to in subsection (1) of that section.
2013-07-09
Police, Public Order and Criminal Justice (Scotland) Act 2006
2013-04-01
Police, Public Order and Criminal Justice (Scotland) Act 2006
2013-02-15
Police, Public Order and Criminal Justice (Scotland) Act 2006
2012-10-01
Police, Public Order and Criminal Justice (Scotland) Act 2006
2011-10-01
Police, Public Order and Criminal Justice (Scotland) Act 2006
2009-10-01
Police, Public Order and Criminal Justice (Scotland) Act 2006
2008-04-01
Police, Public Order and Criminal Justice (Scotland) Act 2006
2008-01-11
Police, Public Order and Criminal Justice (Scotland) Act 2006
2007-06-12
Police, Public Order and Criminal Justice (Scotland) Act 2006
2007-04-01
Police, Public Order and Criminal Justice (Scotland) Act 2006
2007-03-31
Police, Public Order and Criminal Justice (Scotland) Act 2006
2007-03-01
Police, Public Order and Criminal Justice (Scotland) Act 2006
2007-02-25
Police, Public Order and Criminal Justice (Scotland) Act 2006
2007-01-01
Police, Public Order and Criminal Justice (Scotland) Act 2006
2006-09-01
Police, Public Order and Criminal Justice (Scotland) Act 2006
2006-07-04
Police, Public Order and Criminal Justice (Scotland) Act 2006 — vers
original version
Text at this date