Police, Public Order and Criminal Justice (Scotland) Act 2006
2006 asp 10 · Extends to United Kingdom
An Act of the Scottish Parliament to make further provision about the police; to make further provision about public order and safety; to make further provision about criminal justice; and for connected purposes.
The Bill for this Act of the Scottish Parliament was passed by the Parliament on 25th May 2006 and received Royal Assent on the fourth day of July said year
Contents
- Part 1: Police
- Chapter 1: The Scottish Police Services Authority
- The Scottish Police Services Authority
- 1Establishment of the Scottish Police Services Authority Repealed
- 2Duty to establish and maintain the Agency Repealed
- 3Duty to provide the police support services Repealed
- 4Strategic priorities of the Authority Repealed
- 5Objectives of the Authority Repealed
- 6Annual plans of the Authority Repealed
- 7Annual reports of the Authority Repealed
- 8Provision of information to the Scottish Ministers Repealed
- 9Liability for wrongful acts of certain persons seconded to the Authority Repealed
- 10Grants Repealed
- 11Charges by the Authority and other receipts Repealed
- The Scottish Crime and Drug Enforcement Agency
- 12Members of the Agency Repealed
- 13Strategic priorities of the Agency Repealed
- 14Annual plans of the Agency Repealed
- 15Annual reports of the Agency Repealed
- 16General functions of Director General of the Agency Repealed
- 17Powers of the Agency Repealed
- 18Scottish Ministers' power to modify section 17 Repealed
- 19Disclosure of information by the Agency Repealed
- 20Disclosure of information to the Agency Repealed
- 21Direction by Director General of the Agency Repealed
- 22Liability for wrongful acts of police members of the Agency Repealed
- 23Regulations relating to the Agency Repealed
- The police support services
- 24The police support services: modification by order Repealed
- 25Use of the police support services Repealed
- Inspections
- 26Inspections of the Authority's services and the Agency Repealed
- 27Inspections of the Authority at request of the Scottish Ministers Repealed
- 28Reports on inspections: powers of the Scottish Ministers Repealed
- 29Revision of inadequate action plan Repealed
- Miscellaneous and general
- 30Directions Repealed
- 31Transfer of staff, property etc. Repealed
- 32Interpretation of Chapter 1 Repealed
- Chapter 2: Complaints and misconduct
- The Police Investigations and Review Commissioner
- 33The Police Investigations and Review Commissioner
- 33AGeneral functions of the Commissioner
- Supervision of complaints
- 34Meaning of “relevant complaint”
- 35Examination of manner of handling of complaint
- 36Duty of Commissioner not to proceed with certain complaint handling reviews
- 37Appointment of person to reconsider complaint
- 38Reconsideration of complaint: duties to keep persons informed
- 39Power of Commissioner to discontinue reconsideration
- 40Final reports on reconsideration
- 40AArrangements for handling relevant complaints and investigation of whistleblowing complaints
- 41Appropriate authority in relation to a complaint
- Investigations
- 41AInvestigations under supervision of Lord Advocate or procurator fiscal
- 41BSerious incidents involving the police
- 41CInvestigation of matters in the public interest
- 41DInvestigations: procedure etc.
- 41EReports on investigations
- 41FInvestigations: obstruction and contempt
- Other functions
- 42General functions of the Commissioner Repealed
- 42AComplaints against the Commissioner
- 43Reports to the Scottish Ministers
- 44Provision of information to the Commissioner
- 45Power of Commissioner to issue guidance
- 46Disclosure of information by and to the Commissioner
- 46AProtection from actions for defamation
- Advisory board
- 46BAdvisory board
- Supplementary
- 47Interpretation of Chapter 2
- 47AComplaint or investigation relating to Northern Ireland Troubles
- Chapter 3: Other provisions
- 48Allowances payable to special constables Repealed
- 49Appointments of assistant inspectors of constabulary and staff officers Repealed
- 50Constables engaged on service outside their force Repealed
- Part 2: Public order etc.
- Chapter 1: Football banning orders
- Making and content of orders
- 51Making of order on conviction of a football-related offence
- 52Making of order on application to the sheriff
- 53Content of order
- 54Section 53: supplementary
- 55“Football matches” and “regulated football matches”
- 56“Violence” and “disorder”
- Variation, termination, information and appeals
- 57Variation of certain requirements of order
- 58Termination of order
- 59Information about making, varying or terminating order etc.
- 60Appeals
- Enforcement of order in relation to foreign matches
- 61Foreign matches: reporting and other requirements
- 62Notices under section 61(4): further provision
- 63Sections 61 and 62: guidance
- 64Exemption from notice served under section 61(4)
- 65Section 64: supplementary
- 66Suspension of reporting requirements
- Miscellaneous and general
- 67Service of documents
- 68Offences under this Chapter
- 69Interpretation of Chapter 1
- Chapter 2: Public processions
- 70Notification of public processions
- 71Powers and duties of local authorities
- 72Minor amendments of 1982 Act
- Chapter 3: Other provisions
- Offensive weapons
- 73Increase in maximum term of imprisonment for certain offences
- 74Amendment of requirements for exercise of certain powers of arrest
- 75Sale of knives and articles with blade or point to young persons
- Fireworks
- 76Possession of prohibited fireworks: powers of search and arrest
- Control of sex offenders
- 77Powers to take data and samples from persons subject to notification requirements
- 78Sex offender notification requirements
- 79Information about release: power to require giving of specified information
- 80Police powers of entry to and examination of relevant offender's home address
- Part 3: Criminal justice
- Powers in relation to suspects and witnesses
- 81Power to require giving of certain information in addition to name and address
- 82Power to take fingerprints to establish identity of suspect Not yet in force
- Retention of samples etc.: prosecutions for sexual and violent offences
- 83Retention of samples etc.: prosecutions for sexual and violent offences
- Arrested persons: drug testing and reference for assessment
- 84Testing of arrested persons for Class A drugs
- 85Assessment following positive test under section 20A of the 1995 Act
- 86Requirements under section 85: supplementary
- 87Date, time and place of assessment
- 88Failure to comply with requirements under sections 85 and 86
- 89Guidance for the purposes of sections 85 to 88
- 90Interpretation of sections 85 to 88
- Offenders assisting investigations and prosecutions
- 91Assistance by offender: reduction in sentence
- 92Assistance by offender: review of sentence
- 93Proceedings under section 92: exclusion of public
- 94Section 92: further provision
- 95Sentencing: consideration of undisclosed information
- 96Appeals etc. in the High Court: undisclosed information
- 96AAppeals etc. in the Sheriff Appeal Court: undisclosed information
- Conditional immunity from prosecution
- 97Investigation and prosecution of crime: conditional immunity from prosecution
- Enforcement of Sea Fisheries (Shellfish) Act 1967
- 98Enforcement of Sea Fisheries (Shellfish) Act 1967
- Part 4: General
- 99Meanings of “the 1967 Act”, “the 1995 Act” and “the 2003 Act”
- 100Equal opportunities
- 101Modifications of enactments
- 102Ancillary provision
- 103Subordinate legislation
- 104Commencement
- 105Short title
- Schedule 1: The Scottish Police Services Authority
- ...
- Paragraph Repealed
- Schedule 2: Membership of the Scottish Crime and Drug Enforcement Agency
- ...
- Paragraph Repealed
- Schedule 3: Transfers of staff and property
- Part: ...
- Paragraph Repealed
- Schedule 4: The Police Investigations and Review Commissioner
- Status
- 1Paragraph 1
- Limitations on appointment
- 2Paragraph 2
- Tenure and removal from office
- 3Paragraph 3
- Remuneration
- 4Paragraph 4
- Pensions etc.
- 5Paragraph 5
- Vacancy in office of Commissioner
- 6Paragraph 6
- Staff
- 7Paragraph 7
- Staff officers
- 7AParagraph 7A
- Staff involved in investigations
- 7BParagraph 7B
- General powers
- 8Paragraph 8
- Financial provision
- 9Paragraph 9
- Accounts
- 10Paragraph 10
- Provision of information
- 11Paragraph 11
- Schedule 5: Section 53(2)(b): Relevant events etc.
- 1Paragraph 1
- 2Paragraph 2
- Schedule 6: Modifications of enactments
- Part 1: Acts
- The Police (Scotland) Act 1967 (c. 77)
- 1Paragraph 1 Repealed
- The Criminal Justice Act 1988 (c. 33)
- 2Paragraph 2
- The Criminal Procedure (Consequential Provisions) (Scotland) Act 1995 (c. 40)
- 3Paragraph 3
- The Criminal Procedure (Scotland) Act 1995 (c. 46)
- 4Paragraph 4
- The Police Act 1996 (c. 16)
- 5Paragraph 5
- The Police Act 1997 (c. 50)
- 6Paragraph 6
- The Ethical Standards in Public Life etc. (Scotland) Act 2000 (asp 7)
- 7Paragraph 7 Repealed
- The Regulation of Investigatory Powers Act 2000 (c. 23)
- 8Paragraph 8
- The Regulation of Investigatory Powers (Scotland) Act 2000 (asp 11)
- 9Paragraph 9
- The Scottish Public Services Ombudsman Act 2002 (asp 11)
- 10Paragraph 10
- The Freedom of Information (Scotland) Act 2002 (asp 13)
- 11Paragraph 11 Repealed
- The Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp 4)
- 12Paragraph 12 Repealed
- The Serious Organised Crime and Police Act 2005 (c. 15)
- 13Paragraph 13
- Part 2: Subordinate legislation
- The Regulation of Investigatory Powers (Prescription of Offices, Ranks and Positions) (Scotland) Order 2000 (S.S.I. 2000/343)
- 14Paragraph 14