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

  • Explanatory Notes Table of contents

Please note:

All reference to 'Parts' and 'sections' are from the Police, Public Order and Criminal Justice (Scotland) Act 2006. For other versions of these Explanatory Notes, see More Resources.

  1. Introduction

  2. The Act

  3. Commentary on Sections

    1. Part 1: Police

      1. Chapter 1:  the Scottish Police Services Authority

        1. The Scottish Police Services Authority

          1. Section 1 – Establishment of the Scottish Police Services Authority

          2. Section 2 – Duty to establish and maintain the Agency

          3. Section 3 – Duty to provide the police support services

          4. Section 4 – Strategic priorities of the Authority

          5. Section 5 – Objectives of the Authority

          6. Section 6 – Annual plans of the Authority

          7. Section 7 – Annual reports of the Authority

          8. Section 8 – Provision of information to the Scottish Ministers

          9. Section 9 – Liability for wrongful acts of certain persons seconded to the Authority

          10. Section 10 – Grants

          11. Section 11 – Charges by the Authority and other receipts

        2. The Scottish Crime and Drug Enforcement Agency

          1. Section 12 – Members of the Agency

          2. Section 13 – Strategic priorities of the Agency

          3. Section 14 – Annual plans of the Agency

          4. Section 15 – Annual reports of the Agency

          5. Section 16 – General functions of Director General of the Agency

          6. Section 17 – Powers of the Agency

          7. Section 18 – Scottish Ministers’ power to modify section 17

          8. Section 19 – Disclosure of information by the Agency

          9. Section 20 – Disclosure of information to the Agency

          10. Section 21 – Direction by Director General of Agency

          11. Section 22 – Liability for wrongful acts of police members of the Agency

          12. Section 23 – Regulations relating to the Agency

        3. The police support services

          1. Section 24 – The police support services: modification by order

          2. Section 25 – Use of the police support services

        4. Inspections

          1. Section 26 – Inspections of the Authority’s services and the Agency

          2. Section 27 – Inspections of the Authority at request of the Scottish Ministers

          3. Section 28 – Reports on inspections: powers of the Scottish Ministers

            Section 29 – Revision of inadequate action plan

        5. Miscellaneous and general

          1. Section 30 – Directions

          2. Section 31 – Transfer of staff, property etc.

          3. Section 32 – Interpretation of Chapter 1

      2. Chapter 2: Complaints and Misconduct

        1. The Police Complaints Commissioner for Scotland

          1. Section 33 – The Police Complaints Commissioner for Scotland

        2. Supervision of complaints

          1. Section 34 – “Relevant complaint” and “person serving with the police”

          2. Section 35 – Examination of manner of handling of complaint

          3. Section 36 – Duty of Commissioner not to proceed with certain complaint handling reviews

          4. Section 37 – Appointment of person to reconsider complaint

          5. Section 38 – Reconsideration of complaint:  duties to keep persons informed

          6. Section 39 – Power of Commissioner to discontinue reconsideration

          7. Section 40 – Final reports on reconsideration

          8. Section 41 – Appropriate authority in relation to a complaint

        3. Other functions

          1. Section 42 – General functions of the Commissioner

          2. Section 43 – Reports to the Scottish Ministers

          3. Section 44 – Provision of information to the Commissioner

          4. Section 45 – Power of Commissioner to issue guidance

          5. Section 46 – Disclosure of information by and to the Commissioner

        4. Supplementary

          1. Section 47 – Interpretation of Chapter 2

      3. Chapter 3: Other Provisions

        1. Section 48 – Allowances payable to special constables

        2. Section 49 – Appointments of assistant inspectors of constabulary and staff officers

        3. Section 50 – Constables engaged on service outside their force

    2. Part 2: Public Order Etc.

      1. Chapter 1: Football Banning Orders

        1. Making and content of orders

          1. Section 51 – Making of order on conviction of a football-related offence

          2. Section 52 – Making of order on application to the sheriff

          3. Section 53 – Content of order

          4. Section 54 – Section 53: supplementary

          5. Section 55 – “Football matches” and “regulated football matches”

          6. Section 56 – “Violence” and “disorder”

        2. Variation, termination, information and appeals

          1. Section 57 – Variation of certain requirements of order

          2. Section 58 – Termination of order

          3. Section 59 – Information about making, varying or terminating order etc.

          4. Section 60 – Appeals

        3. Enforcement of order in relation to foreign matches

          1. Section 61 – Foreign matches: reporting and other requirements

          2. Section 62 – Notices under section 61(4): further provision

          3. Section 63 – Sections 61 and 62: guidance

          4. Section 64 – Exemption from notice served under section 61(4)

          5. Section 65 – Section 64: supplementary

          6. Section 66 – Suspension of reporting requirements

        4. Miscellaneous and general

          1. Section 67 – Service of documents

          2. Section 68 – Offences under this Chapter

          3. Section 69 – Interpretation of Chapter 1

      2. Chapter Two: Public Processions

        1. Section 70 – Notification of public processions

        2. Section 71 – Powers and duties of local authorities

        3. Section 72 – Minor amendments of 1982 Act

      3. Chapter Three: Other Provisions

        1. Offensive Weapons

          1. Section 73 – Increase in maximum term of imprisonment for certain offences

          2. Section 74 – Amendment of requirements for exercise of certain powers of arrest

          3. Section 75 – Sale of knives and articles with blade or point to young persons

        2. Fireworks

          1. Section 76 – Possession of prohibited fireworks: powers of search and arrest

        3. Control of Sex Offenders

          1. Section 77 – Powers to take data and samples from persons subject to notification requirements

          2. Section 78 – Sex offender notification requirements

          3. Section 79 – Information about release: power to require giving of specified information

          4. Section 80 – Police powers of entry to and examination of relevant offender’s home address

    3. Part Three: Criminal Justice

      1. Powers in relation to suspects and witnesses

        1. Section 81 – Power to require giving of certain information in addition to name and address

        2. Section 82 – Power to take fingerprints to establish identity of suspect

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

        1. Section 83 – Retention of samples etc.: prosecutions for sexual and violent offences

      3. Arrested persons: drug testing and reference for assessment

        1. Section 84 – Testing of arrested persons for Class A drugs

        2. Section 85 – Assessment following positive test under section 20A of the 1995 Act

        3. Section 86 – Requirements under section 85: supplementary

        4. Section 87 – Date, time and place of assessment

        5. Section 88 – Failure to comply with requirements under sections 85 and 86

        6. Section 89 – Guidance for the purposes of sections 85 to 88

        7. Section 90 – Interpretation of sections 85 to 88

      4. Offenders assisting investigations and prosecutions

        1. Section 91 – Assistance by offender: reduction in sentence

        2. Section 92 – Assistance by offender: review of sentence

        3. Section 93 – Proceedings under section 92: exclusion of public

        4. Section 94 – Section 92: further provision

        5. Section 95 – Sentencing: consideration of undisclosed information

        6. Section 96 – Appeals etc.: undisclosed information

      5. Conditional immunity from prosecution

        1. Section 97 – Investigation and prosecution of crime: conditional immunity from prosecution

      6. Enforcement of Sea Fisheries (Shellfish) Act 1967

        1. Section 98 – Enforcement of Sea Fisheries (Shellfish) Act 1967

    4. Part Four: General

      1. Section 100 – Equal opportunities

      2. Section 103 – Subordinate legislation

    5. Schedule 1: the Scottish Police Services Authority

    6. Schedule 2: Membership of the Scottish Crime and Drug Enforcement Agency

    7. Schedule 3: Transfers of Staff and Property

    8. Schedule 4: the Police Complaints Commissioner for Scotland

    9. Schedule 5: Section 53(2)(B): Relevant Events Etc.

    10. Schedule 6: Modifications of Enactments

  4. Parliamentary History

  5. Annex APart 5 of the Civic Government (Scotland) Act 1982 (C.45)

  6. Annex BSections 13 and 14 of the Criminal Procedure (Scotland) Act 1995 (C.46)

  • Explanatory Notes Table of contents

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Explanatory Notes

Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.

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