Section 64 Serious incidents involving the policeI1

After section 41A of the 2006 Act (inserted by section 63), insert—

“Serious incidents involving the police

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).”.