{
  "url": "https://openlegislation.uk/police-public-order-and-criminal-justice-scotland-act-2006/section-41B",
  "json_url": "https://openlegislation.uk/police-public-order-and-criminal-justice-scotland-act-2006/section-41B.json",
  "legislation": "asp/2006/10",
  "legislation_title": "Police, Public Order and Criminal Justice (Scotland) Act 2006",
  "legislation_url": "https://openlegislation.uk/police-public-order-and-criminal-justice-scotland-act-2006",
  "path": "section/41B",
  "kind": "section",
  "number": "41B",
  "heading": "Serious incidents involving the police",
  "text": "(1) A “serious incident involving the police” which the Commissioner may investigate in pursuance of paragraph (c) of section 33A is—\n(a) a circumstance in or in consequence of which a person has died or has sustained serious injury where—\n(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\n(ii) there is an indication that the contact may have caused (directly or indirectly) or contributed to the death or serious injury;\n(b) any other circumstance in or in consequence of which—\n(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\n(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\n(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.\n(2) But a matter is not a “serious incident involving the police” if it is—\n(a) a matter––\n(i) which the Commissioner is investigating in pursuance of paragraph (b)(i) of section 33A; or\n(ii) in respect of which criminal proceedings have been brought following such an investigation by the Commissioner; or\n(b) a matter which is being, or has been, investigated––\n(i) by the Commissioner in pursuance of paragraph (b)(ii) of section 33A; or\n(ii) by any other person under section 1 of the Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016.",
  "extent": "S",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "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."
    },
    {
      "type": "F",
      "label": "F2",
      "text": "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)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/asp/2006/10/section/41B",
    "retrieved_at": "2026-10-29T20:16:12.377722+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}