Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp 10)

  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)