Police, Public Order and Criminal Justice (Scotland) Act 2006

[^key-2065a37140436b639012b33a48466cbb]: S. 40A inserted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 33(5); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121, arts. 1(1), 11)

[^key-69e224555501c16f4b3ae264bf1dc9db]: S. 33 provision heading substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), ss. 61(2)(b), 129(2) (with s. 100); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

[^key-1340bf6427f3a567a25d0d42bdafe7f1]: Words in s. 33(1) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), ss. 61(2)(c), 129(2) (with s. 100); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

[^M_F_ba4642dc-c233-4a60-b582-faf99501d28d]: S. 33 heading substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), ss. 61(2)(a) , 129(2) (with s. 100); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

[^key-93419d58db0f457ee6d7e97fe73f9b4e]: S. 34(2A) inserted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 33(2)(c); S.S.I. 2013/51 , art. 2 (with transitional provisions and savings in S.S.I. 2013/121, arts. 1(1), 11)

[^key-fc7113985156104d3130ac2337a30b36]: Word in s. 34(1) inserted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 33(2)(a); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121, arts. 1(1), 11)

[^key-054f05d342e3b3916f4f5d8aeaeb361f]: Words in s. 34(2) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 33(2)(b)(i); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121, arts. 1(1), 11)

[^key-c017c7680ae17ce4daefcd3dd4e8aa6a]: S. 34(2)(a)(b) substituted for s. 34(2)(a)-(e) (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 33(2)(b)(ii); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121, arts. 1(1), 11)

[^key-adaadfd8fd1a9a30b4c2b6a3f009aec3]: S. 34(7) repealed (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 8 Pt. 1; S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121, arts. 1(1), 11)

[^key-62d37001272d765e07def058140dbd95]: S. 35(3)(c) and word inserted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 33(3)(a); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

[^key-dd1d711871718023993ee25703a93a37]: Words in s. 35(8)(b) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 33(3)(b); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

[^key-1bb8378bfd25c5bee3ebb2ea8ceb84d5]: Words in s. 35(10) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 33(3)(c); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

[^key-897e02ad21b01820a81ceee66238b410]: S. 36(1A) inserted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 33(4)(b); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

[^key-31738f07c711c29476cbade85588bcde]: Words in s. 36(1) inserted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 33(4)(a); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

[^key-9cbef0fd25662eb64a8d17becc200e0b]: S. 41(1)(a)(b) substituted for s. 41(1)(a)-(j) (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 33(6); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121, arts. 1(1), 11)

[^key-266461da5210e634407a01c752560139]: S. 41(2)-(5) repealed (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 8 Pt. 1; S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121, arts. 1(1), 11)

[^key-99d3fa191e562d2160bcf3e1997e1ce1]: S. 42 repealed (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 8 Pt. 1; S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

[^key-93d5d251e4aba2312524298af338e989]: S. 43(8) inserted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 33(7)(c); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

[^key-b12f4cb31a616a7e44e39812d7cbfaff]: Word in s. 43(4) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 33(7)(a); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

[^key-65cb9002ffd3ccebc4d3de8a297fde88]: Words in s. 43(6)(a) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 33(7)(b)(i); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

[^key-acec17925080acd3d19e76148807fb8d]: Words in s. 43(6)(b) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 33(7)(b)(ii); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

[^key-dbfd4f846ea8766150829bef917567d1]: Words in s. 44(1) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 33(8)(a); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

[^key-2e0eb31630d5ddad0adceed4fc2065d4]: Words in s. 44(2) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 33(8)(b)(i); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

[^key-cdc6c558a527f5b2d2279c5f78d2abac]: Words in s. 44(2)(a) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 33(8)(b)(ii); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

[^key-2717a250b88ce48b303c2d8803007726]: Words in s. 44(3) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 33(8)(c); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

[^key-b7dd869ce123ea08d3330b998aeace24]: Words in s. 44(4) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 33(8)(d)(i); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

[^key-af0fda2fb92a5509dbe0212e5924a244]: Words in s. 44(4) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 33(8)(d)(ii); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

[^key-0aab11f905540a8eb36079fd2f70f249]: Words in s. 45(1)(a) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 33(9)(a); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

[^key-a466ef138931a8497a03a9361a6e5e00]: S. 45(2)(a) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 33(9)(b); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

[^key-012168375ba1c855298d76ec23ccdc7d]: S. 46(6) inserted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 33(10); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

[^key-facbbbac6f279ee1403171bcfa48de03]: S. 47 substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 33(11); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121, arts. 1(1), 11)

[^key-b489d32aec44f3671108b64f139e477b]: Word in s. 47 substituted (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Modifications and Savings) Order 2013 (S.S.I. 2013/119), art. 1, Sch. 1 para. 21

[^key-eda2611de9d19a16ea7fce849e8ba5fe]: Words in s. 52(1) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 33(12)(a); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

[^key-53293f9c81197fe911aac0d9a8f7291f]: S. 52(1)(a)(b) repealed (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 33(12)(b); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

[^key-bb98bb42fd644367c35ade9fac320373]: Words in s. 57(3)(b) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 33(13)(a); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

[^key-4d9031bea95e0e6ccbcf07039acb6bc6]: S. 57(3)(c)(d) repealed (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 33(13)(b); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

[^key-37554a6708b8d34755d274de9725dd01]: Words in s. 69(1) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 33(14); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

[^key-35a5b8f79e36a0a739aa65824bde4346]: Words in s. 99 repealed (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 8 Pt. 1; S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

[^key-b3bc6c0fee096eafe95dd5cb387d2187]: Words in Sch. 4 para. 2(1)(b) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 33(17)(a)(i); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

[^key-1cf86f822bbcb4279d23ddd6296cf798]: Sch. 4 para. 2(1)(da) inserted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 33(17)(a)(ii); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

[^key-7889ac3a7cb8bbc6850a86e4b7b7e846]: Words in Sch. 4 para. 2(1)(e) inserted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 33(17)(a)(iii); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

[^key-b4e95a8c982b08355e4c9339ed8c84bc]: Words in Sch. 4 para. 2(1)(g) inserted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 33(17)(a)(iv); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

[^key-3d5873520777a75ea362b5630bed1008]: Sch. 4 para. 2(1)(f) repealed (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 8 Pt. 1; S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

[^key-9392e528aa9c5d5cea0fa9a5bb0c6a08]: Figure in Sch. 4 para. 3(2)(a) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 33(17)(b)(i); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

[^key-f39f7a7912c55fb562d3612b0a05dceb]: Figure in Sch. 4 para. 3(2)(b) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 33(17)(b)(ii); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

[^key-49e061b1d6153f7c375d6f9824ca7eb3]: Sch. 4 para. 11(2) inserted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 33(17)(d)(ii); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

[^key-d11196a1152c2ee96f4f4d1fc1c7d2ca]: Sch. 4 para. 11(1): Sch. 4 para. 11 renumbered as sch. 4 para. 11(1) (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 33(17)(d)(i); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

[^key-641a634a37e3c219bd40c331eb77eb77]: Sch. 6 para. 1 repealed (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 8 Pt. 1; S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121, arts. 1(1), 11)

[^key-381669437368d53434d59053c149585d]: Sch. 6 para. 7 repealed (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 8 Pt. 1; S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

[^key-ec418fd5b84535b126280b9eb3f62776]: Sch. 6 para. 11 repealed (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 8 Pt. 1; S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

[^key-32ad9272d20d199b5d1f2fea62774136]: Sch. 6 para. 12 repealed (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 8 Pt. 1; S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

[^key-790fe5efcb4f75cfcd2e2c74622dd8c4]: S. 55(3)(a)(ii) substituted (9.7.2013) by The Football Banning Orders (Regulated Football Matches) (Scotland) Order 2013 (S.S.I. 2013/228), arts. 1, 2

[^key-bbb27b2fa950eaff7511fa463ad3966f]: Sch. 4 para. 2(1)(j) inserted (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 172(c); S.I. 2013/1682, art. 3(v)

[^key-a7c61a15db6c2330cb2fefd8f7282230]: Word in Sch. 4 para. 2(1)(h)(ii) omitted (7.10.2013) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 172(a); S.I. 2013/1682, art. 3(v)

[^key-c5ca2de7c384995bc7df8ec82c441887]: Words in Sch. 4 para. 2(1)(i) omitted (7.10.2013) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 172(b)(i); S.I. 2013/1682, art. 3(v)

[^key-428942faea4373f29c93d1b9343876b9]: Word in Sch. 4 para. 2(1)(i) inserted (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 172(b)(ii); S.I. 2013/1682, art. 3(v)

[^key-dfc9c5a8bf367b856d7766e41d86021f]: S. 96A inserted (22.9.2015) by The Courts Reform (Scotland) Act 2014 (Consequential Provisions No. 2) Order 2015 (S.S.I. 2015/338), art. 1, Sch. 2 para. 9(6) (with art. 4)

[^key-83179cf265f70c730da31afc07721708]: Words in s. 60(3) substituted (22.9.2015) by The Courts Reform (Scotland) Act 2014 (Consequential Provisions No. 2) Order 2015 (S.S.I. 2015/338), art. 1, Sch. 2 para. 9(2)(a) (with art. 4)

[^key-ec93021bb102b8fd48db7c511064e02e]: Words in s. 60(3) substituted (22.9.2015) by The Courts Reform (Scotland) Act 2014 (Consequential Provisions No. 2) Order 2015 (S.S.I. 2015/338), art. 1, Sch. 2 para. 9(2)(b) (with art. 4)

[^key-1e969d32ef9e5c7cea6103ce118cf84a]: S. 95(4A) inserted (22.9.2015) by The Courts Reform (Scotland) Act 2014 (Consequential Provisions No. 2) Order 2015 (S.S.I. 2015/338), art. 1, Sch. 2 para. 9(3) (with art. 4)

[^key-cf50f4c8bc4d172d4e1883501983379e]: S. 96 heading substituted (22.9.2015) by The Courts Reform (Scotland) Act 2014 (Consequential Provisions No. 2) Order 2015 (S.S.I. 2015/338), art. 1, Sch. 2 para. 9(5) (with art. 4)

[^key-43754a8a13484caaf89ab5c0f6c3ddba]: Words in s. 96(1)(a) substituted (22.9.2015) by The Courts Reform (Scotland) Act 2014 (Consequential Provisions No. 2) Order 2015 (S.S.I. 2015/338), art. 1, Sch. 2 para. 9(4)(a) (with art. 4)

[^key-cca635797ebeb3213edb70d55bdebc03]: Words in s. 96(2) repealed (22.9.2015) by The Courts Reform (Scotland) Act 2014 (Consequential Provisions No. 2) Order 2015 (S.S.I. 2015/338), art. 1, Sch. 2 para. 9(4)(b) (with art. 4)

[^key-93b522e1991d81f64e5d848821f8b377]: Words in s. 96(5) repealed (22.9.2015) by The Courts Reform (Scotland) Act 2014 (Consequential Provisions No. 2) Order 2015 (S.S.I. 2015/338), art. 1, Sch. 2 para. 9(4)(c) (with art. 4)

[^key-6c3f634bb6033986c9568a4c668937c5]: Words in s. 96(8) inserted (22.9.2015) by The Courts Reform (Scotland) Act 2014 (Consequential Provisions No. 2) Order 2015 (S.S.I. 2015/338), art. 1, Sch. 2 para. 9(4)(d) (with art. 4)

[^key-cfab74898f1db3954d51b723ce3ff292]: Words in s. 33A(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(2); S.S.I. 2017/155, reg. 2 (with regs. 4(2) 5)

[^key-c53ab68ec826222c66a2059047145269]: 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)

[^key-a2d74d2a04cdd6d275b32344219292f8]: Words in s. 41C(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(4); S.S.I. 2017/155, reg. 2 (with regs. 4(2) 5)

[^key-7c868863bc33c6e64ea2a30bb9b15116]: Sch. 6 para. 5(3)(4) repealed (17.8.2023) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 102 (with ss. 21, 33, 42, 58, 75, 93); S.I. 2023/829, art. 2(d)(vi)

[^key-0d9bbe9a103928abd66507456c84e9f6]: S. 47A inserted (1.5.2024) by Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 (c. 41), ss. 45(3), 63(3) (with s. 61)

[^key-4585d012b59b77b5ddc370e45931612c]: S. 34 heading substituted (25.6.2025) by Police (Ethics, Conduct and Scrutiny) (Scotland) Act 2025 (asp 5), ss. 13(2), 22(2); S.S.I. 2025/175, reg. 2(k)

[^key-fe4504892f3e5ef306c7b59e560213ce]: S. 40A heading substituted (25.6.2025) by Police (Ethics, Conduct and Scrutiny) (Scotland) Act 2025 (asp 5), ss. 16(2), 22(2); S.S.I. 2025/175, reg. 2(l)

[^key-ab7582531e50e397f8a2fb3ac9b4fcfc]: S. 46B and cross-heading inserted (25.6.2025) by Police (Ethics, Conduct and Scrutiny) (Scotland) Act 2025 (asp 5), ss. 20, 22(2); S.S.I. 2025/175, reg. 2(n)

[^key-c4acba6663bdeb22a75b5246558f0438]: Words in s. 33A(b)(i) substituted (25.6.2025) by Police (Ethics, Conduct and Scrutiny) (Scotland) Act 2025 (asp 5), ss. 12(a), 22(2); S.S.I. 2025/175, reg. 2(j)

[^key-8e85a93a0e9a2f43007562a789d03ebd]: Words in s. 33A(b)(ii) inserted (25.6.2025) by Police (Ethics, Conduct and Scrutiny) (Scotland) Act 2025 (asp 5), ss. 12(b), 22(2); S.S.I. 2025/175, reg. 2(j)

[^key-6567ba05c80d03167c5baa17a6070848]: S. 34(3)(aa) inserted (25.6.2025) by Police (Ethics, Conduct and Scrutiny) (Scotland) Act 2025 (asp 5), ss. 13(1)(a), 22(2); S.S.I. 2025/175, reg. 2(k)

[^key-4d1ae3fdaa3eb10d6a694a9997461381]: S. 34(3A) inserted (25.6.2025) by Police (Ethics, Conduct and Scrutiny) (Scotland) Act 2025 (asp 5), ss. 13(1)(b), 22(2); S.S.I. 2025/175, reg. 2(k)

[^key-20e19650fdbfc7d7d21ec89cdbe2ac6d]: Word in s. 34(6) substituted (25.6.2025) by Police (Ethics, Conduct and Scrutiny) (Scotland) Act 2025 (asp 5), ss. 13(1)(c), 22(2); S.S.I. 2025/175, reg. 2(k)

[^key-cb08f8f889879d90e594346fc992a6bc]: Words in s. 40A(1)(a) renumbered as s. 40A(1)(a)(i) (25.6.2025) by Police (Ethics, Conduct and Scrutiny) (Scotland) Act 2025 (asp 5), ss. 16(1)(a)(i), 22(2); S.S.I. 2025/175, reg. 2(l)

[^key-0a14e295c863ee3d56cb9c26b7ba1535]: S. 40A(1)(a)(ii) inserted (25.6.2025) by Police (Ethics, Conduct and Scrutiny) (Scotland) Act 2025 (asp 5), ss. 16(1)(a)(ii), 22(2); S.S.I. 2025/175, reg. 2(l)

[^key-7bf1e3490ad8cd2adcc67a0386864bbc]: S. 40A(1A) inserted (25.6.2025) by Police (Ethics, Conduct and Scrutiny) (Scotland) Act 2025 (asp 5), ss. 16(1)(b), 22(2); S.S.I. 2025/175, reg. 2(l)

[^key-f67ee7b75e79a94cac4ab6c06339eb50]: S. 44(6) inserted (25.6.2025) by Police (Ethics, Conduct and Scrutiny) (Scotland) Act 2025 (asp 5), ss. 19, 22(2); S.S.I. 2025/175, reg. 2(m)

The Police Investigations and Review Commissioner

Provision of information to the Commissioner

Minor amendments of 1982 Act

Increase in maximum term of imprisonment for certain offences

Amendment of requirements for exercise of certain powers of arrest

Sale of knives and articles with blade or point to young persons

Powers to take data and samples from persons subject to notification requirements

Sex offender notification requirements

Police powers of entry to and examination of relevant offender's home address

Power to require giving of certain information in addition to name and address

Power to take fingerprints to establish identity of suspect

Retention of samples etc.: prosecutions for sexual and violent offences

Testing of arrested persons for Class A drugs

Requirements under section 85: supplementary

Equal opportunities

41B

• (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.

41D

• (1) The Scottish Ministers may by regulations make such provision about investigations by the Commissioner in pursuance of paragraph (c) or (d) of section 33A as they consider appropriate.

• (2) Regulations may, in particular, make provision—

• (a) requiring the chief constable or the Authority to refer matters to the Commissioner;

• (b) about circumstances in which the Commissioner—

• (i) must, must not or need not carry out an investigation; or

• (ii) may discontinue an investigation;

• (c) about the form and procedure of an investigation;

• (d) imposing restrictions on the extent of any investigation;

• (e) setting time limits within which matters must be investigated;

• (f) requiring the chief constable, the Authority or other persons to assist and co-operate with the Commissioner when carrying out an investigation (by providing evidence, attending hearings or otherwise);

• (g) for the delegation of functions to the Commissioner.

• (3) Before making regulations under this section, the Scottish Ministers must consult—

• (a) the Commissioner;

• (b) the Authority;

• (c) the chief constable;

• (d) such persons as appear to them to be representatives of senior officers;

• (e) such persons as appear to them to be representatives of superintendents (including chief superintendents);

• (f) the joint central committee of the Police Federation for Scotland; and

• (g) such other persons as they think appropriate.

33A

The Commissioner's general functions are—

• (a) to maintain, and to secure the maintenance by the Authority and the chief constable of, suitable arrangements for—

• (i) the handling of relevant complaints; and

• (ii) the examination of the handling of relevant complaints and the reconsideration of such complaints in accordance with sections 34 to 41;

• (b) where directed to do so by the appropriate prosecutor—

• (i) to investigate any circumstances in which there is an indication that a person who is, or has been, a person serving with the police may have committed an offence (regardless of when those circumstances occurred);

• (ii) to investigate, on behalf of the relevant procurator fiscal, the circumstances of any death involving a person serving with the police which that procurator fiscal is required to investigate under section 1 of the Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016 , whether or not the circumstances occurred in the course of the person’s duty, employment or appointment;

• (c) where requested to do so by the Authority or the chief constable, to investigate and report on certain serious incidents involving the police (see section 41B); and

• (d) to investigate other matters relating to the Authority or the Police Service where the Commissioner considers that it would be in the public interest to do so (see section 41C).

Examination of manner of handling of complaint

40A

• (1) The Commissioner must—

• (a) keep under review all arrangements maintained by

• (i) the Commissioner, the Authority and the chief constable for the handling of relevant complaints;

• (ii) the Authority and the chief constable for the investigation of information provided in a whistleblowing complaint; and

• (b) seek to secure that those arrangements—

• (i) are efficient and effective;

• (ii) contain and manifest an appropriate degree of independence; and

• (iii) are adhered to.

• (1A) In subsection (1)(a)(ii), “whistleblowing complaint” means a protected disclosure within the meaning of section 43A of the Employment Rights Act 1996 made to the Authority or, as the case may be, the chief constable.

• (2) The Commissioner may make such recommendations, or give such advice, for the modification of—

• (a) the arrangements mentioned in subsection (1); or

• (b) the practice of the Authority or the chief constable in relation to other matters,

as appear from the carrying out of the Commissioner's other functions to be necessary or desirable.”.

Investigations

41A

The Commissioner, when carrying out an investigation in pursuance of a direction issued under paragraph (b) of section 33A, must comply with—

• (a) any lawful instruction given by the appropriate prosecutor who issued the direction; and

• (b) in the case of an investigation carried out in pursuance of a direction issued under sub-paragraph (i) of that paragraph, any instruction issued by the Lord Advocate in relation to the reporting, for consideration of the question of prosecution, of alleged offences.

41C

• (1) The Commissioner may investigate any relevant police matter where the Commissioner considers that it would be in the public interest to do so.

• (2) A relevant police matter is any incident in relation to which there is an indication that the Authority, the Police Service or a person serving with the police has been involved other than—

• (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;

• (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; or

• (c) a matter which is being, or has been, investigated by the Commissioner by virtue of paragraph (c) of section 33A.

Reports on investigations

41E

• (1) The Commissioner must prepare a report of each investigation carried out in pursuance of paragraph (c) or (d) of section 33A.

• (2) The Commissioner must––

• (a) provide a copy of a report prepared under subsection (1) to—

• (i) the person (if any) who requested the investigation;

• (ii) the Authority; and

• (iii) any other person whom the Commissioner considers appropriate; and

• (b) if the Commissioner considers it appropriate to do so, publish the report in such manner as the Commissioner considers appropriate.

• (3) Apart from identifying the Authority or the Police Service, a report must not—

• (a) mention the name of any person; or

• (b) contain any particulars which, in the Commissioner's opinion, are likely to identify any person and can be omitted without impairing the effectiveness of the report,

unless the Commissioner determines that it is necessary to do so (having taken into account the public interest).

41F

• (1) The Court of Session may, on a petition by the Commissioner, inquire into whether a person—

• (a) without lawful excuse, is obstructing or has obstructed the Commissioner in the carrying out of a complaint handling review or inthe carrying out of an investigation in pursuance of paragraph (c) or (d) of section 33A; or

• (b) is doing or has done any act, or is failing or has failed to take any action, in relation to such a review or investigation which, if it were a proceeding in the Court of Session, would constitute contempt of court.

• (2) After so inquiring (and, in particular, after hearing any witness who may be produced against or on behalf of the person and any statement which may be offered in defence), the Court of Session may deal with the person as if the person had committed a contempt of court in relation to the Court of Session.

42A

• (1) The Commissioner must maintain suitable arrangements for the handling of any complaint made to the Commissioner expressing dissatisfaction about an act or omission by the Commissioner or by any member of the Commissioner's staff.

• (2) Before making such arrangements, the Commissioner must seek the views of others as to what those arrangements should be.

46A

• (1) For the purposes of the law of defamation—

• (a) any statement made by the Commissioner or any of the Commissioner's staff—

• (i) in carrying out a complaint handling review or in carrying out an investigation in pursuance of paragraph (b), (c) or (d) of section 33A;

• (ii) in communicating with any person for the purposes of such a review or investigation;

• (iii) in a report on such a review or investigation; or

• (iv) in a report made under section 43,

has absolute privilege;

• (b) any statement made to the Commissioner or any of the Commissioner's staff in relation to an investigation carried out in pursuance of paragraph (b), (c) or (d) of section 33A has absolute privilege; and

• (c) any statement made to the Commissioner or any of the Commissioner's staff in relation to a relevant complaint or a complaint handling review is privileged unless the statement is shown to have been made with malice.

• (2) In subsection (1), “ statement ” has the same meaning as in the Defamation Act 1996 (c.31).

Complaint or investigation relating to Northern Ireland Troubles

Making of order on conviction of a football-related offence

Powers and duties of local authorities

Minor amendments of 1982 Act

Increase in maximum term of imprisonment for certain offences

Amendment of requirements for exercise of certain powers of arrest

Sale of knives and articles with blade or point to young persons

Possession of prohibited fireworks: powers of search and arrest

Sex offender notification requirements

Information about release: power to require giving of specified information

Power to require giving of certain information in addition to name and address

Power to take fingerprints to establish identity of suspect

Retention of samples etc.: prosecutions for sexual and violent offences

Testing of arrested persons for Class A drugs

Assessment following positive test under section 20A of the 1995 Act

Meanings of “the 1967 Act”, “the 1995 Act” and “the 2003 Act”

Staff officers

7A

• (1) The Commissioner may make arrangements for constables of the Police Service to be appointed to serve as members of the Commissioner's staff.

• (2) The Commissioner may make arrangements for a person falling within sub-paragraph (3) to be appointed to serve as a member of the Commissioner's staff.

• (3) A person falls within this sub-paragraph if the person is a member of—

• (a) a police force maintained under section 2 of the Police Act 1996 (c.16);

• (b) the metropolitan police force;

• (c) the City of London police force;

• (d) the Police Service of Northern Ireland;

• (e) the Ministry of Defence Police appointed on the nomination of the Secretary of State under section 1 of the Ministry of Defence Police Act 1987 (c.4);

• (f) the British Transport Police Force;

• (g) the Civil Nuclear Constabulary;

• (h) the States of Jersey Police Force;

• (i) the salaried police force of the Island of Guernsey; or

• (j) the Isle of Man Constabulary.

• (4) A constable or other person appointed under arrangements made under sub-paragraph (1) or (2) is to be appointed on such terms and conditions (including as regards remuneration, allowances and expenses) as the Commissioner determines.

• (5) The Commissioner's determination under sub-paragraph (4) may be made by reference to provision made by regulations made under section 48 of the Police and Fire Reform (Scotland) Act 2012 (asp 8).

• (6) A constable or other person appointed under arrangements made under sub-paragraph (1) or (2)—

• (a) has all the powers and privileges of a constable throughout Scotland; and

• (b) is subject to the direction and control of the Commissioner.

• (7) The Commissioner is liable in respect of any unlawful conduct on the part of any constable or other person appointed under arrangements made under sub-paragraph (1) or (2) in the carrying out (or purported carrying out) of that person's functions in the same manner as an employer is liable in respect of any unlawful conduct on the part of an employee in the course of employment.

• (8) The Scottish Ministers may by order apply any provision of the Police and Fire Reform (Scotland) Act 2012 or any other enactment relating to constables (including any such provision or other enactment creating offences against or as regards constables), with such modifications as are considered appropriate, in relation to a person appointed under arrangements made under sub-paragraph (2).

Staff involved in investigations

7B

• (1) The Commissioner may designate—

• (a) any member of the Commissioner's staff appointed under paragraph 7 or 7A to take charge of any investigation on behalf of the Commissioner; and

• (b) other members of the Commissioner's staff to assist the member designated to take charge.

• (2) This sub-paragraph applies to a person who is a member of the Commissioner's staff appointed under paragraph 7 and is designated under sub-paragraph (1).

• (3) A person to whom sub-paragraph (2) applies—

• (a) has all the powers and privileges of a constable throughout Scotland; but

• (b) is not as a result of the designation to be treated as being in police service for the purposes of—

• (i) section 280 of the Trade Union and Labour Relations (Consolidation) Act 1992 (c.52); or

• (ii) section 200 of the Employment Rights Act 1996 (c.18).

• (4) The Scottish Ministers may by order apply any enactment relating to the investigation of offences by constables (subject to such modifications as they consider appropriate) in relation to investigations carried out in pursuance of paragraph (b)(i) of section 33A by a member of the Commissioner's staff designated under sub-paragraph (1).

96A

• (1) This section applies to any proceedings in the Sheriff Appeal Court in relation to—

• (a) an appeal under section 175(2) to (4) of the 1995 Act; or

• (b) an appeal by way of bill of suspension or advocation.

• (2) In subsection (1) the reference to proceedings in the Sheriff Appeal Court includes consideration by an Appeal Sheriff whether to grant leave to appeal under section 180 or 187 of the 1995 Act.

• (3) If, under subsection (2) of section 95, the lower court in passing sentence on the offender took into account information contained in a report mentioned in that subsection, the Sheriff Appeal Court and the Clerk of the Sheriff Appeal Court—

• (a) must not disclose the information or the existence of the report to any person other than the prosecutor, the offender and, with the offender’s agreement, the offender’s counsel or solicitor; and

• (b) must not disclose to any person whether the sentence passed by the lower court is less than it would have passed but for the assistance given by the offender.

• (4) If, in a case not falling within subsection (3), the Sheriff Appeal Court or the Clerk of the Sheriff Appeal Court becomes aware of information contained in a report mentioned in subsection (2) of section 95 or that a court in passing sentence has, under that subsection, taken that information into account, the Sheriff Appeal Court or the Clerk of the Sheriff Appeal Court must not disclose to any person the information, the existence of the report or whether the sentence passed by the lower court on the person to whom the report relates is less than the sentence it would have passed but for the assistance given by that person.

• (5) Sections 179(8), 180(10), 186(4)(b), 187(9) and 298(2B) of the 1995 Act do not apply in a case falling within subsection (3) or (4) to the extent that they require a disclosure which, if made by the Sheriff Appeal Court or the Clerk of the Sheriff Appeal Court, would contravene the subsection in question.

• (6) Subsection (5) does not, however, operate so as to prevent any disclosure to the prosecutor; but subsection (3) or, as the case may be, subsection (4) applies to the prosecutor in relation to any such disclosure as it applies to the Sheriff Appeal Court and the Clerk of the Sheriff Appeal Court in relation to a case falling within that subsection (but not so as to prevent disclosure by the prosecutor to the Sheriff Appeal Court).

• (7) Subsections (2) to (5) of section 93 apply to proceedings referred to in subsection (1) of this section as they apply to proceedings referred to in subsection (1) of that section.

47A

• (1) On and after the day on which section 45 of the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 comes into force, this Part—

• (a) ceases to apply to a complaint or investigation (if the complaint was made, or investigation was begun, before that day), or

• (b) does not apply to a complaint or investigation (if the complaint is made, or investigation is to begin, on or after that day),

insofar as the complaint or investigation relates to conduct forming part of the Troubles.

• (2) In this section “conduct forming part of the Troubles” has the same meaning as in the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 (see section 1 of that Act).

Establishment of the Scottish Police Services Authority

The Police Investigations and Review Commissioner

Examination of manner of handling of complaint

Reports on investigations

Provision of information to the Commissioner

Advisory board

Advisory board

46B

• (1) The Commissioner must establish and maintain an advisory board (“the Board”).

• (2) The purpose of the Board is to advise the Commissioner about matters relating to the governance and administration of the office of Commissioner.

• (3) The members of the Board are to be individuals appointed by the Scottish Ministers.

• (4) A decision to appoint a member to the Board or to terminate a membership of the Board is to be made independently of the Commissioner.

• (5) The Commissioner may pay to members of the Board such remuneration and allowances (including expenses) as the Commissioner, with the approval of the Scottish Ministers, determines.

• (6) The procedure of the Board is to be such as the Commissioner determines.

Complaint or investigation relating to Northern Ireland Troubles

Powers and duties of local authorities

Minor amendments of 1982 Act

Increase in maximum term of imprisonment for certain offences

Amendment of requirements for exercise of certain powers of arrest

Sale of knives and articles with blade or point to young persons

Possession of prohibited fireworks: powers of search and arrest

Sex offender notification requirements

Information about release: power to require giving of specified information

Power to take fingerprints to establish identity of suspect

Retention of samples etc.: prosecutions for sexual and violent offences

Testing of arrested persons for Class A drugs

Assessment following positive test under section 20A of the 1995 Act