Policing and Crime Act 2017 in Scotland
2017 c. 3 · Enacted 31 January 2017 · Extends to United Kingdom
An Act to make provision for collaboration between the emergency services; to make provision about the handling of police complaints and other matters relating to police conduct and to make further provision about the Independent Police Complaints Commission; to make provision for super-complaints about policing; to make provision for the investigation of concerns about policing raised by whistle-blowers; to make provision about police discipline; to make provision about police inspection; to make provision about the powers of police civilian staff and police volunteers; to remove the powers of the police to appoint traffic wardens; to enable provision to be made to alter police ranks; to make provision about the Police Federation; to make provision in connection with the replacement of the Association of Chief Police Officers with the National Police Chiefs' Council; to make provision about the system for bail after arrest but before charge; to make provision about the retention of biometric material; to make provision to enable greater use of modern technology at police stations; to make other amendments to the Police and Criminal Evidence Act 1984; to amend the powers of the police under the Mental Health Act 1983; to extend the powers of the police in relation to maritime enforcement; to make provision for cross-border enforcement; to make provision about the powers of the police to require removal of disguises; to make provision about deputy police and crime commissioners and the Deputy Mayor for Policing and Crime; to make provision to enable changes to the names of police areas; to make provision about the regulation of firearms and pyrotechnic articles; to make provision about the licensing of alcohol; to make provision about the implementation and enforcement of financial sanctions; to amend the Police Act 1996 to make further provision about police collaboration; to make provision about the powers of the National Crime Agency; to make provision for requiring arrested persons to provide details of nationality; to make provision for requiring defendants in criminal proceedings to provide details of nationality and other information; to make provision about the seizure etc of invalid travel documents; to make provision for pardons for convictions etc for certain abolished offences; to make provision to protect the anonymity of victims of forced marriage; to increase the maximum sentences of imprisonment for certain offences of putting people in fear of violence etc; to make provision to combat the sexual exploitation of children and to protect children and vulnerable adults from harm; to make provision about coroners' duties in respect of deaths in state detention; to make provision about the powers of litter authorities in Scotland; and for connected purposes.
[31st January 2017]
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Contents
- Part 1: Emergency services collaboration
- 1Collaboration agreements
- 2Duties in relation to collaboration agreements
- 3Collaboration agreements: specific restrictions
- 4Collaboration agreements: supplementary
- 5Collaboration agreements: definitions
- Chapter 2: Police and crime commissioners etc: fire and rescue functions
- 6Provision for police and crime commissioner to be fire and rescue authority
- 7Involvement of police and crime commissioner in fire and rescue authority
- 8Combined authority mayors: exercise of fire and rescue functions
- Chapter 3: London Fire Commissioner
- 9The London Fire Commissioner
- 11Inspection of fire and rescue services
- 12Fire safety inspections
- Part 2: Police complaints, discipline and inspection
- Chapter 1: Police complaints
- 16Complaints, conduct matters and DSI matters: procedure
- 21References to England and Wales in connection with IPCC functions
- 25Power to make super-complaints
- 26Bodies who may make super-complaints
- 27Regulations about super-complaints
- 28Investigations by the IPCC: whistle-blowing
- Chapter 4: Police discipline
- 29Disciplinary proceedings: former members of police forces and former special constables
- Chapter 5: IPCC: re-naming and organisational change
- 33Independent Office for Police Conduct
- 35Public records
- Chapter 6: Inspection
- 37Inspectors and inspections: miscellaneous
- Part 3: Police workforce and representative institutions
- Chapter 1: Police workforce
- Powers of police civilian staff and volunteers
- 39Application of Firearms Act 1968 to the police: special constables and volunteers
- 45Further amendments consequential on section 38 etc
- Removal of powers of police to appoint traffic wardens
- 46Removal of powers of police in England and Wales to appoint traffic wardens
- Police rank structure
- 47Power to make regulations about police ranks
- Chapter 2: Representative institutions
- 49Duties of Police Federation for England and Wales in fulfilling its purpose
- 50Freedom of Information Act etc: Police Federation for England and Wales
- 51Removal of references to ACPO
- Part 4: Police powers
- 52Arrest elsewhere than at a police station: release before charge
- 53Section 52: consequential amendments
- 54Release from detention at a police station
- 55Release following arrest for breach of bail etc
- 56Release from further detention at police station
- 57Warrants of further detention: release
- 58Meaning of “pre-conditions for bail”
- 59Release without bail: fingerprinting and samples
- 60Release under section 24A of the Criminal Justice Act 2003
- 61Bail before charge: conditions of bail etc
- 62Limit on period of bail under section 30A of PACE
- 63Limits on period of bail without charge under Part 4 of PACE
- 64Section 63: consequential amendments
- 65Release under provisions of PACE: re-arrest
- 66Duty to notify person released under section 34, 37 or 37CA of PACE that not to be prosecuted
- 67Duty to notify person released under any of sections 41 to 44 of PACE that not to be prosecuted
- Breach of pre-charge bail conditions relating to travel
- 68Offence of breach of pre-charge bail conditions relating to travel
- 69Offence of breach of pre-charge bail conditions relating to travel: interpretation
- Chapter 2: Retention of biometric material
- 71Retention of fingerprints and DNA profiles: Terrorism Act 2000
- Chapter 3: Powers under PACE: miscellaneous
- 76PACE: audio recording of interviews
- 80Extension of powers under sections 135 and 136 of the Mental Health Act 1983
- 81Restrictions on places that may be used as places of safety
- 82Periods of detention in places of safety etc
- 83Protective searches: individuals removed etc under section 135 or 136 of the Mental Health Act 1983
- Chapter 5: Maritime enforcement: English and Welsh offences
- Application of maritime enforcement powers: general
- 84Application of maritime enforcement powers: general
- Ships in Scotland waters: hot pursuit
- 86Hot pursuit of ships in Scotland waters
- 87Restriction on exercise of maritime enforcement powers in hot pursuit
- The maritime enforcement powers
- 88Power to stop, board, divert and detain
- 89Power to search and obtain information
- 90Power of arrest and seizure
- Supplementary provision
- 91Maritime enforcement powers: supplementary: protective searches
- 92Maritime enforcement powers: other supplementary provision
- 95Interpretation
- Chapter 6: Maritime enforcement: Scottish offences
- Application of maritime enforcement powers: general
- 96Application of maritime enforcement powers: general
- 97Restriction on exercise of maritime enforcement powers
- Ships in England and Wales waters: hot pursuit
- 98Hot pursuit of ships in England and Wales waters
- 99Restriction on exercise of maritime enforcement powers in hot pursuit
- The maritime enforcement powers
- 100Power to stop, board, divert and detain
- 101Power to search and obtain information
- 102Power of arrest and seizure
- Supplementary provision
- 103Maritime enforcement powers: supplementary: protective searches
- 104Maritime enforcement powers: other supplementary provision
- 105Maritime enforcement powers: offences
- 106Interpretation
- Application of maritime enforcement powers: general
- 107Application of maritime enforcement powers: general
- 108Restriction on exercise of maritime enforcement powers
- The maritime enforcement powers
- 109Power to stop, board, divert and detain
- 110Power to search and obtain information
- 111Power of arrest and seizure
- Supplementary provision
- 112Maritime enforcement powers: supplementary: protective searches
- 113Maritime enforcement powers: other supplementary provision
- 114Maritime enforcement powers: offences
- 115Interpretation
- Chapter 8: Cross-border enforcement
- 116Extension of cross-border powers of arrest: urgent cases
- 117Cross-border enforcement: powers of entry to effect arrest
- 118Cross-border enforcement: officers of Revenue and Customs
- 119Cross-border enforcement: minor and consequential amendments
- 120Powers to require removal of disguises: oral authorisation
- Part 5: Police and crime commissioners and police areas
- Deputy PCCs etc: terms and eligibility
- 123Deputy Mayor for Policing and Crime as member of local authority
- 124Amendments to the names of police areas
- Part 6: Firearms and pyrotechnic articles
- Firearms
- 125Firearms Act 1968: meaning of “firearm” etc
- 126Firearms Act 1968: meaning of “antique firearm”
- 127Possession of articles for conversion of imitation firearms
- 128Controls on defectively deactivated weapons
- 129Controls on ammunition which expands on impact
- 130Authorised lending and possession of firearms for hunting etc
- 131Limited extension of firearm certificates etc
- 132Applications under the Firearms Acts: fees
- 133Guidance to police officers in respect of firearms
- 134Possession of pyrotechnic articles at musical events
- Licensing
- 135Meaning of “alcohol”: inclusion of alcohol in any state
- 136Interim steps pending review: representations
- 137Summary reviews of premises licences: review of interim steps
- 139Licensing Act 2003: addition of further relevant offences
- 140Licensing Act 2003: guidance
- 141Cumulative impact assessments
- Late night levy
- 142Late night levy requirements
- Part 8: Financial sanctions
- Interpretation
- 143Interpretation
- Enhanced maximum penalties
- 144Powers to create offences under section 2(2) ECA 1972: maximum term of imprisonment Repealed
- 145Other offences: maximum term of imprisonment
- Civil sanctions
- 146Power to impose monetary penalties
- 147Monetary penalties: procedural rights
- 148Monetary penalties: bodies corporate and unincorporated associations
- 149Monetary penalties: supplementary
- Other provisions about enforcement
- 151Serious crime prevention orders
- Avoidance of delay: temporary regulations
- 152Implementation of UN financial sanctions Resolutions: temporary regulations Repealed
- 153Content of regulations under section 152 Repealed
- Avoidance of delay: temporary listing
- 154Linking of UN financial sanctions Resolutions with EU financial sanctions Regulations Repealed
- 155Implementation of UN financial sanctions Resolutions: temporary listing Repealed
- Power to extend to Bailiwick of Guernsey etc
- 156Extension to the Bailiwick of Guernsey, Isle of Man and BOTs Repealed
- Part 9: Miscellaneous and general
- Chapter 1: Miscellaneous
- Police collaboration
- 157Power to enter into police collaboration agreements
- NCA powers
- 158Powers of NCA officers in relation to customs matters
- Requirements to confirm nationality
- 160Requirement to produce nationality document
- 161Pilot schemes
- Seizure etc of travel documents
- 163Powers to seize etc invalid travel documents
- 168Disregarding certain convictions etc for abolished offences: Northern Ireland
- 175Sentences for offences of putting people in fear of violence etc
- 176Child sexual exploitation: streaming indecent images
- 177Licensing functions under taxi and PHV legislation: protection of children and vulnerable adults
- 178Coroners' investigations into deaths: meaning of “state detention”
- Powers of Scottish litter authorities
- 179Powers of litter authorities in Scotland
- Chapter 2: General
- 180Consequential amendments, repeals and revocations
- 181Financial provision
- 182Extent
- 183Commencement
- 184Short title
- Schedule 1: Provision for police and crime commissioner to be fire and rescue authority
- Part 1: Amendments to the Fire and Rescue Services Act 2004
- 11Paragraph 11
- Part 2: Amendments to other Acts
- Fire Services Act 1947 (c. 41)
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- 19Paragraph 19
- Local Government Grants (Social Need) Act 1969 (c. 2)
- 20Paragraph 20
- Employers' Liability (Compulsory Insurance) Act 1969 (c. 57)
- 21Paragraph 21
- Local Authorities (Goods and Services) Act 1970 (c. 39)
- 22Paragraph 22
- 23Paragraph 23
- 24Paragraph 24
- 25Paragraph 25
- 26Paragraph 26
- 27Paragraph 27
- 28Paragraph 28
- 29Paragraph 29
- 30Paragraph 30
- 31Paragraph 31
- 32Paragraph 32
- Employment Agencies Act 1973 (c. 35)
- 33Paragraph 33
- 34Paragraph 34
- Health and Safety at Work etc Act 1974 (c. 37)
- 35Paragraph 35
- 36Paragraph 36
- 37Paragraph 37
- 38Paragraph 38
- 39Paragraph 39
- 40Paragraph 40
- 41Paragraph 41
- 42Paragraph 42
- 43Paragraph 43
- 44Paragraph 44
- 45Paragraph 45
- 46Paragraph 46
- 47Paragraph 47
- 48Paragraph 48
- 49Paragraph 49
- 50Paragraph 50
- Local Government Act 1986 (c. 10)
- 52Paragraph 52
- 54Paragraph 54
- Local Government Act 1988 (c. 9)
- 55Paragraph 55
- 56Paragraph 56
- 57Paragraph 57
- 58Paragraph 58
- Road Traffic Act 1988 (c. 52)
- 59Paragraph 59
- Local Government and Housing Act 1989 (c. 42)
- 60Paragraph 60
- 61Paragraph 61
- 62Paragraph 62
- 63Paragraph 63
- 64Paragraph 64
- 65Paragraph 65
- 66Paragraph 66
- 68Paragraph 68
- 69Paragraph 69
- 70Paragraph 70
- 71Paragraph 71
- Local Government (Overseas Assistance) Act 1993 (c. 25)
- 72Paragraph 72
- Deregulation and Contracting Out Act 1994 (c. 40)
- 73Paragraph 73
- 74Paragraph 74
- 75Paragraph 75
- 76Paragraph 76
- Crime and Disorder Act 1998 (c. 37)
- 80Paragraph 80
- Freedom of Information Act 2000 (c. 36)
- 81Paragraph 81
- 82Paragraph 82
- 83Paragraph 83
- 84Paragraph 84
- Equality Act 2010 (c. 15)
- 85Paragraph 85
- 86Paragraph 86
- 87Paragraph 87
- 88Paragraph 88
- 89Paragraph 89
- 90Paragraph 90
- 91Paragraph 91
- 92Paragraph 92
- 93Paragraph 93
- 94Paragraph 94
- Public Service Pensions Act 2013 (c. 25)
- 95Paragraph 95
- Energy Act 2013 (c. 32)
- 96Paragraph 96
- 97Paragraph 97
- Schedule 2: The London Fire Commissioner
- 1Paragraph 1
- 2Paragraph 2
- 5Paragraph 5
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 14Paragraph 14
- Essex County Council Act 1952 (c. l)
- 18Paragraph 18
- Landlord and Tenant Act 1954 (c. 56)
- Local Government (Records) Act 1962 (c. 56)
- London Government Act 1963 (c. 33)
- Local Government Act 1966 (c. 42)
- Leasehold Reform Act 1967 (c. 88)
- Local Government Grants (Social Need) Act 1969 (c. 2)
- 30Paragraph 30
- Employers' Liability (Compulsory Insurance) Act 1969 (c. 57)
- 31Paragraph 31
- Greater London Council (General Powers) Act 1969 (c. lii)
- Local Authorities (Goods and Services) Act 1970 (c. 39)
- 33Paragraph 33
- Pensions (Increase) Act 1971 (c. 56)
- 34Paragraph 34
- Local Government Act 1972 (c. 70)
- 35Paragraph 35
- Employment Agencies Act 1973 (c. 35)
- 48Paragraph 48
- Local Government Act 1974 (c. 7)
- Health and Safety at Work etc Act 1974 (c. 37)
- 50Paragraph 50
- Local Government (Miscellaneous Provisions) Act 1976 (c. 57)
- Rent (Agriculture) Act 1976 (c. 80)
- Rent Act 1977 (c. 42)
- London Hydraulic Power Act 1977 (c. xi)
- Protection from Eviction Act 1977 (c. 43)
- Local Government, Planning and Land Act 1980 (c. 65)
- Acquisition of Land Act 1981 (c. 67)
- Local Government (Miscellaneous Provisions) Act 1982 (c. 30)
- County Courts Act 1984 (c. 28)
- Local Government Act 1985 (c. 51)
- Housing Act 1985 (c. 68)
- Housing Associations Act 1985 (c.69)
- 74Paragraph 74
- Landlord and Tenant Act 1985 (c.70)
- Local Government Act 1986 (c. 10)
- 77Paragraph 77
- Landlord and Tenant Act 1987 (c.31)
- Local Government Act 1988 (c. 9)
- 80Paragraph 80
- Housing Act 1988 (c. 50)
- Road Traffic Act 1988 (c. 52)
- 84Paragraph 84
- Local Government and Housing Act 1989 (c. 42)
- 85Paragraph 85
- 86Paragraph 86
- 87Paragraph 87
- 88Paragraph 88
- 89Paragraph 89
- 90Paragraph 90
- 91Paragraph 91
- Town and Country Planning Act 1990 (c. 8)
- London Local Authorities Act 1991 (c. xiii)
- Local Government (Overseas Assistance) Act 1993 (c. 25)
- 99Paragraph 99
- London Local Authorities Act 1995 (c. x)
- Housing Grants, Construction and Regeneration Act 1996 (c. 53)
- Channel Tunnel Rail Link Act 1996 (c. 61)
- Crime and Disorder Act 1998 (c. 37)
- 106Paragraph 106
- Local Government Act 1999 (c. 27)
- Freedom of Information Act 2000 (c. 36)
- 108Paragraph 108
- Courts Act 2003 (c. 39)
- Fire and Rescue Services Act 2004 (c. 21)
- Local Government and Public Involvement in Health Act 2007 (c. 28)
- Crossrail Act 2008 (c. 18)
- Equality Act 2010 (c. 15)
- 116Paragraph 116
- Police Reform and Social Responsibility Act 2011 (c. 13)
- Localism Act 2011 (c. 20)
- Energy Act 2013 (c. 32)
- 121Paragraph 121
- Local Audit and Accountability Act 2014 (c. 2)
- Consequential repeals
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- Schedule 5: Complaints, conduct matters and DSI matters: procedure
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- 19Paragraph 19
- 20Paragraph 20
- 21Paragraph 21
- 22Paragraph 22
- 23Paragraph 23
- 24Paragraph 24
- 25Paragraph 25
- 26Paragraph 26
- 27Paragraph 27
- 28Paragraph 28
- 29Paragraph 29
- 30Paragraph 30
- 31Paragraph 31
- 32Paragraph 32
- 33Paragraph 33
- 34Paragraph 34
- 35Paragraph 35
- 36Paragraph 36
- 37Paragraph 37
- 38Paragraph 38
- 39Paragraph 39
- 40Paragraph 40
- 41Paragraph 41
- 42Paragraph 42
- 43Paragraph 43
- 44Paragraph 44
- 45Paragraph 45
- 46Paragraph 46
- Part 6: Consequential amendments
- 47Paragraph 47
- Schedule 7: Disciplinary proceedings: former members of MoD Police, British Transport Police and Civil Nuclear Constabulary
- Ministry of Defence Police Act 1987 (c. 4)
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- Railways and Transport Safety Act 2003 (c. 20)
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- Energy Act 2004 (c. 20)
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- Schedule 9: Independent Office for Police Conduct
- Introductory
- 1Paragraph 1
- Director General
- 2Paragraph 2
- Appointment etc of members
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- Vacancy or incapacity in office of Director General
- 8Paragraph 8
- Remuneration arrangements
- 9Paragraph 9
- Staff
- 10Paragraph 10
- Delegation of functions
- 11Paragraph 11
- Protection from personal liability
- 12Paragraph 12
- Regional offices
- 13Paragraph 13
- Proceedings
- 14Paragraph 14
- Part 2: Minor and consequential amendments to the Police Reform Act 2002
- 56Paragraph 56
- Part 3: Other minor and consequential amendments
- Superannuation Act 1972 (c. 11)
- 59Paragraph 59
- House of Commons Disqualification Act 1975 (c. 24)
- 60Paragraph 60
- Northern Ireland Assembly Disqualification Act 1975 (c. 25)
- 61Paragraph 61
- Police Pensions Act 1976 (c. 35)
- 62Paragraph 62
- Ministry of Defence Police Act 1987 (c. 4)
- 63Paragraph 63
- Aviation and Maritime Security Act 1990 (c. 31)
- 64Paragraph 64
- 65Paragraph 65
- Freedom of Information Act 2000 (c. 36)
- 66Paragraph 66
- 67Paragraph 67
- Commissioners for Revenue and Customs Act 2005 (c. 11)
- 68Paragraph 68
- Police and Justice Act 2006 (c. 48)
- 69Paragraph 69
- 70Paragraph 70
- 71Paragraph 71
- Equality Act 2010 (c. 15)
- 72Paragraph 72
- 73Paragraph 73
- Investigatory Powers Act 2016
- 74Paragraph 74
- Schedule 12: Powers of civilian staff and volunteers: further amendments
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- Part 2: Other amendments
- 6Paragraph 6
- 8Paragraph 8
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 17Paragraph 17
- Schedule 13: Abolition of office of traffic warden
- 1Paragraph 1
- Aviation Security Act 1982 (c.36)
- 2Paragraph 2
- 3Paragraph 3
- Greater London Authority Act 1999 (c.29)
- 4Paragraph 4
- 5Paragraph 5
- Police Reform and Social Responsibility Act 2011 (c.13)
- 6Paragraph 6
- Schedule 14: Removal of references to ACPO
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- Substitution of references to NPCC for references to ACPO
- 7Paragraph 7
- Schedule 15Schedule to be inserted as Schedule 7A to the Criminal Justice and Public Order Act 1994
- Schedule 16Schedule to be inserted as Schedule 7B to the Criminal Justice and Public Order Act 1994
- Schedule 17: Cross-border enforcement: minor and consequential amendments
- Part 1: Amendments of Part 10 of the Criminal Justice and Public Order Act 1994
- 1Paragraph 1
- Powers of constables of PSNI etc under section 137
- 2Paragraph 2
- 3Paragraph 3
- Powers to search premises under section 139
- 4Paragraph 4
- Reciprocal powers of arrest - minor correction
- 5Paragraph 5
- References to the British Transport Commission Act 1949 - updating
- 6Paragraph 6
- Other amendments
- 7Paragraph 7
- 8Paragraph 8
- Part 2: Amendments of other legislation
- Finance Act 2007 (c.11)
- 9Paragraph 9
- Crime and Courts Act 2013 (c.22)
- 10Paragraph 10
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- Schedule 19: Amendments where NCA is party to police collaboration agreement
- Police Act 1997 (c. 50)
- 1Paragraph 1
- Regulation of Investigatory Powers Act 2000 (c. 23)
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6