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

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

            4. Section 29 – Revision of inadequate action plan

         5. Miscellaneous and general

            1. Section 30 – Directions

            2. Section 31 – Transfer of staff, property

            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

            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 : prosecutions for sexual and violent offences

         1. Section 83 – Retention of samples : 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 : 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