# Police, Public Order and Criminal Justice (Scotland) Act 2006, Section 41B: Serious incidents involving the police

Extent: S

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

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Source: https://www.legislation.gov.uk/asp/2006/10/section/41B (the official version)
Page: https://openlegislation.uk/police-public-order-and-criminal-justice-scotland-act-2006/section-41B
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.