Section 41B Serious incidents involving the policeF1

Scotland

(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 F2Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016.

Annotations

Textual amendments

F1: S. 41B inserted (1.10.2012) by Police and Fire Reform (Scotland) Act 2012 (asp 8), ss. 64, 129(2) (with s. 100); S.S.I. 2012/253, art. 2, sch.
F2: Words in s. 41B(2)(b)(ii) substituted (15.6.2017) by Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016 (asp 2), s. 42(2), sch. 2 para. 11(3); S.S.I. 2017/155, reg. 2 (with regs. 4(2) 5)

Notes on Chapter 2

Modifications

C1: Pt. 1 Ch. 2 modified (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Supplementary, Transitional, Transitory and Saving Provisions) OrderÂ 2013 (S.S.I. 2013/121), arts. 1(1), 16

Notes on Investigations

Textual amendments

F1: S. 41A and cross-heading inserted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), ss. 63, 129(2) (with s. 100); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121, arts. 1(1), 11)