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
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
Changes on 2012-10-01
@@ -4782,14 +4782,14 @@
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
#### Making of order on application to the sheriff
#### Making of order on conviction of a football-related offence
#### Making of order on conviction of a football-related offence
#### Powers and duties of local authorities
#### Minor amendments of 1982 Act
@@ -4958,13 +4958,13 @@
[^c21043341]: Words in [s. 17(1)(b)](https://www.legislation.gov.uk/asp/2006/10/section/17/1/b) substituted (31.3.2007) by [The Police, Public Order and Criminal Justice (Scotland) Act 2006 (Modification of Agency's Powers and Incidental Provision) Order 2007 (S.S.I. 2007/260)](https://www.legislation.gov.uk/ssi/2007/260), [art. 2(2)](https://www.legislation.gov.uk/ssi/2007/260/article/2/2)
[^c21042671]: [S. 35](https://www.legislation.gov.uk/asp/2006/10/section/35) wholly in force at 1.4.2007; [s. 35](https://www.legislation.gov.uk/asp/2006/10/section/35) not in force at Royal Assent see [s. 104](https://www.legislation.gov.uk/asp/2006/10/section/104); [s. 35](https://www.legislation.gov.uk/asp/2006/10/section/35) in force at 1.1.2007 for specific purposes by [S.S.I. 2006/607](https://www.legislation.gov.uk/ssi/2006/607), [art. 3](https://www.legislation.gov.uk/ssi/2006/607/article/3), [Sch](https://www.legislation.gov.uk/ssi/2006/607/schedule); [s. 35](https://www.legislation.gov.uk/asp/2006/10/section/35) in force so far as not already in force at 1.4.2007 by [S.S.I. 2007/84](https://www.legislation.gov.uk/ssi/2007/84), [art. 3(3)](https://www.legislation.gov.uk/ssi/2007/84/article/3/3)
[^c21042681]: [S. 36](https://www.legislation.gov.uk/asp/2006/10/section/36) wholly in force at 1.4.2007; [s. 36](https://www.legislation.gov.uk/asp/2006/10/section/36) not in force at Royal Assent see [s. 104](https://www.legislation.gov.uk/asp/2006/10/section/104); [s. 36](https://www.legislation.gov.uk/asp/2006/10/section/36) in force at 1.1.2007 for specific purposes by [S.S.I. 2006/607](https://www.legislation.gov.uk/ssi/2006/607), [art. 3](https://www.legislation.gov.uk/ssi/2006/607/article/3), [Sch](https://www.legislation.gov.uk/ssi/2006/607/schedule); [s. 36](https://www.legislation.gov.uk/asp/2006/10/section/36) in force so far as not already in force at 1.4.2007 by [S.S.I. 2007/84](https://www.legislation.gov.uk/ssi/2007/84), [art. 3(3)](https://www.legislation.gov.uk/ssi/2007/84/article/3/3)
[^c21042711]: [S. 38](https://www.legislation.gov.uk/asp/2006/10/section/38) wholly in force at 1.4.2007; [s. 38](https://www.legislation.gov.uk/asp/2006/10/section/38) not in force at Royal Assent see [s. 104](https://www.legislation.gov.uk/asp/2006/10/section/104); [s. 38(4)](https://www.legislation.gov.uk/asp/2006/10/section/38/4) in force at 1.1.2007 by [S.S.I. 2006/607](https://www.legislation.gov.uk/ssi/2006/607), [art. 3](https://www.legislation.gov.uk/ssi/2006/607/article/3), [Sch](https://www.legislation.gov.uk/ssi/2006/607/schedule); [s. 38](https://www.legislation.gov.uk/asp/2006/10/section/38) in force so far as not already in force at 1.4.2007 by [S.S.I. 2007/84](https://www.legislation.gov.uk/ssi/2007/84), [art. 3(3)](https://www.legislation.gov.uk/ssi/2007/84/article/3/3)
[^c21042721]: [S. 39](https://www.legislation.gov.uk/asp/2006/10/section/39) wholly in force at 1.4.2007; [s. 39](https://www.legislation.gov.uk/asp/2006/10/section/39) not in force at Royal Assent see [s. 104](https://www.legislation.gov.uk/asp/2006/10/section/104); [s. 39](https://www.legislation.gov.uk/asp/2006/10/section/39) in force at 1.1.2007 for specific purposes by [S.S.I. 2006/607](https://www.legislation.gov.uk/ssi/2006/607), [art. 3](https://www.legislation.gov.uk/ssi/2006/607/article/3), [Sch](https://www.legislation.gov.uk/ssi/2006/607/schedule); [s. 39](https://www.legislation.gov.uk/asp/2006/10/section/39) in force so far as not already in force at 1.4.2007 by [S.S.I. 2007/84](https://www.legislation.gov.uk/ssi/2007/84), [art. 3(3)](https://www.legislation.gov.uk/ssi/2007/84/article/3/3)
[^c21042671]: S. 35 wholly in force at 1.4.2007; s. 35 not in force at Royal Assent see s. 104; s. 35 in force at 1.1.2007 for specific purposes by [S.S.I. 2006/607](https://www.legislation.gov.uk/ssi/2006/607), [art. 3](https://www.legislation.gov.uk/ssi/2006/607/article/3), [Sch](https://www.legislation.gov.uk/ssi/2006/607/schedule); s. 35 in force so far as not already in force at 1.4.2007 by [S.S.I. 2007/84](https://www.legislation.gov.uk/ssi/2007/84), [art. 3(3)](https://www.legislation.gov.uk/ssi/2007/84/article/3/3)
[^c21042681]: S. 36 wholly in force at 1.4.2007; s. 36 not in force at Royal Assent see s. 104; s. 36 in force at 1.1.2007 for specific purposes by [S.S.I. 2006/607](https://www.legislation.gov.uk/ssi/2006/607), [art. 3](https://www.legislation.gov.uk/ssi/2006/607/article/3), [Sch](https://www.legislation.gov.uk/ssi/2006/607/schedule); s. 36 in force so far as not already in force at 1.4.2007 by [S.S.I. 2007/84](https://www.legislation.gov.uk/ssi/2007/84), [art. 3(3)](https://www.legislation.gov.uk/ssi/2007/84/article/3/3)
[^c21042711]: S. 38 wholly in force at 1.4.2007; s. 38 not in force at Royal Assent see s. 104; s. 38(4) in force at 1.1.2007 by [S.S.I. 2006/607](https://www.legislation.gov.uk/ssi/2006/607), [art. 3](https://www.legislation.gov.uk/ssi/2006/607/article/3), [Sch](https://www.legislation.gov.uk/ssi/2006/607/schedule); s. 38 in force so far as not already in force at 1.4.2007 by [S.S.I. 2007/84](https://www.legislation.gov.uk/ssi/2007/84), [art. 3(3)](https://www.legislation.gov.uk/ssi/2007/84/article/3/3)
[^c21042721]: S. 39 wholly in force at 1.4.2007; s. 39 not in force at Royal Assent see s. 104; s. 39 in force at 1.1.2007 for specific purposes by [S.S.I. 2006/607](https://www.legislation.gov.uk/ssi/2006/607), [art. 3](https://www.legislation.gov.uk/ssi/2006/607/article/3), [Sch](https://www.legislation.gov.uk/ssi/2006/607/schedule); s. 39 in force so far as not already in force at 1.4.2007 by [S.S.I. 2007/84](https://www.legislation.gov.uk/ssi/2007/84), [art. 3(3)](https://www.legislation.gov.uk/ssi/2007/84/article/3/3)
[^c21042731]: [S. 44](https://www.legislation.gov.uk/asp/2006/10/section/44) wholly in force at 1.4.2007; [s. 44](https://www.legislation.gov.uk/asp/2006/10/section/44) not in force at Royal Assent see [s. 104](https://www.legislation.gov.uk/asp/2006/10/section/104); [s. 44](https://www.legislation.gov.uk/asp/2006/10/section/44) in force at 1.1.2007 for specified purposes by [S.S.I. 2006/607](https://www.legislation.gov.uk/ssi/2006/607), [art. 3](https://www.legislation.gov.uk/ssi/2006/607/article/3), [Sch](https://www.legislation.gov.uk/ssi/2006/607/schedule); [s. 44](https://www.legislation.gov.uk/asp/2006/10/section/44) in force so far as not already in force at 1.4.2007 by [S.S.I. 2007/84](https://www.legislation.gov.uk/ssi/2007/84), [art. 3(3)](https://www.legislation.gov.uk/ssi/2007/84/article/3/3)
@@ -5016,7 +5016,11 @@
[^key-7dd40e6f48813ff020f18b08e859e520]: Words in s. 87(6) substituted (1.10.2011) by [The Postal Services Act 2011 (Consequential Modifications and Amendments) Order 2011 (S.I. 2011/2085)](https://www.legislation.gov.uk/uksi/2011/2085), [art. 1(2)](https://www.legislation.gov.uk/uksi/2011/2085/article/1/2), [Sch. 1 para. 65](https://www.legislation.gov.uk/uksi/2011/2085/schedule/1/paragraph/65)
#### Disclosure of information by the Agency
[^key-68ef557acb894c343c6e8857f008b287]: S. 41B inserted (1.10.2012) by [Police and Fire Reform (Scotland) Act 2012 (asp 8)](https://www.legislation.gov.uk/asp/2012/8), [ss. 64](https://www.legislation.gov.uk/asp/2012/8/section/64), [129(2)](https://www.legislation.gov.uk/asp/2012/8/section/129/2) (with [s. 100](https://www.legislation.gov.uk/asp/2012/8/section/100)); [S.S.I. 2012/253](https://www.legislation.gov.uk/ssi/2012/253), [art. 2](https://www.legislation.gov.uk/ssi/2012/253/article/2), [sch.](https://www.legislation.gov.uk/ssi/2012/253/schedule)
[^key-4757bbf77c204895920d9a70fec73141]: [S. 41D](https://www.legislation.gov.uk/asp/2006/10/section/41D) inserted (1.10.2012) by [Police and Fire Reform (Scotland) Act 2012 (asp 8)](https://www.legislation.gov.uk/asp/2012/8), [ss. 66](https://www.legislation.gov.uk/asp/2012/8/section/66), [129(2)](https://www.legislation.gov.uk/asp/2012/8/section/129/2) (with [s. 100](https://www.legislation.gov.uk/asp/2012/8/section/100)); [S.S.I. 2012/253](https://www.legislation.gov.uk/ssi/2012/253), [art. 2](https://www.legislation.gov.uk/ssi/2012/253/article/2), [Sch.](https://www.legislation.gov.uk/ssi/2012/253/schedule) (with [art. 6](https://www.legislation.gov.uk/ssi/2012/253/article/6))
#### Scottish Ministers' power to modify section 17
#### Powers and duties of local authorities
@@ -5028,11 +5032,11 @@
#### 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
@@ -5042,6 +5046,78 @@
#### 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”
##### 41B
- (1) A “serious incident involving the police” which the Commissioner may investigate in pursuance of paragraph (c) of section 33A is—
- (a) a circumstance in or in consequence of which a person has died or has sustained serious injury where—
- (i) the person, at or before the time of death or serious injury, had contact (directly or indirectly) with a person serving with the police acting in the execution of that person's duties; and
- (ii) there is an indication that the contact may have caused (directly or indirectly) or contributed to the death or serious injury;
- (b) any other circumstance in or in consequence of which—
- (i) a person has otherwise sustained a serious injury at a time when the person was being detained or kept in custody by a person serving with the police; or
- (ii) a person serving with the police has used a firearm or any other weapon of such description as the Scottish Ministers may by regulations specify; or
- (c) any other circumstance involving the Authority, the Police Service or a person serving with the police as may be specified in regulations made by the Scottish Ministers.
- (2) But a matter is not a “serious incident involving the police” if it is—
- (a) a matter––
- (i) which the Commissioner is investigating in pursuance of paragraph (b)(i) of section 33A; or
- (ii) in respect of which criminal proceedings have been brought following such an investigation by the Commissioner; or
- (b) a matter which is being, or has been, investigated––
- (i) by the Commissioner in pursuance of paragraph (b)(ii) of section 33A; or
- (ii) by any other person under section 1 of the Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976 (c.14).
##### 41D
- (1) The Scottish Ministers may by regulations make such provision about investigations by the Commissioner in pursuance of paragraph (c) or (d) of section 33A as they consider appropriate.
- (2) Regulations may, in particular, make provision—
- (a) requiring the chief constable or the Authority to refer matters to the Commissioner;
- (b) about circumstances in which the Commissioner—
- (i) must, must not or need not carry out an investigation; or
- (ii) may discontinue an investigation;
- (c) about the form and procedure of an investigation;
- (d) imposing restrictions on the extent of any investigation;
- (e) setting time limits within which matters must be investigated;
- (f) requiring the chief constable, the Authority or other persons to assist and co-operate with the Commissioner when carrying out an investigation (by providing evidence, attending hearings or otherwise);
- (g) for the delegation of functions to the Commissioner.
- (3) Before making regulations under this section, the Scottish Ministers must consult—
- (a) the Commissioner;
- (b) the Authority;
- (c) the chief constable;
- (d) such persons as appear to them to be representatives of senior officers;
- (e) such persons as appear to them to be representatives of superintendents (including chief superintendents);
- (f) the joint central committee of the Police Federation for Scotland; and
- (g) such other persons as they think appropriate.
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