Search Legislation

Police and Fire Reform (Scotland) Act 2012

Status:

This is the original version (as it was originally enacted).

Criminal Procedure (Scotland) Act 1995 (c.46)

This section has no associated Explanatory Notes

12(1)The Criminal Procedure (Scotland) Act 1995 is amended as follows.

(2)In section 12 (instructions by Lord Advocate as to reporting of offences)—

(a)for first “a” substitute “the”,

(b)the words from “within” to “therewith” are repealed.

(3)In section 18(4)(b) (prints, samples etc. in criminal investigations), for “any police force” substitute “the Police Service of Scotland”.

(4)In section 18A (retention of samples etc.: prosecutions for sexual and violent offences)—

(a)in subsection (5), for “relevant chief constable” substitute “chief constable of the Police Service of Scotland”,

(b)in subsection (11), the definition of “the relevant chief constable” is repealed.

(5)In section 18C (section 18B: extension of retention period where relevant offer relates to certain sexual or violent offences)—

(a)in subsection (2), for “relevant chief constable” substitute “chief constable of the Police Service of Scotland”,

(b)in subsection (11), the definition of “the relevant chief constable” is repealed.

(6)In section 18F (retention of samples etc. relating to children: appeals)—

(a)in subsection (1), for “relevant chief constable” substitute “chief constable of the Police Service of Scotland”,

(b)in subsection (10), the definition of “the relevant chief constable” is repealed.

(7)In section 19(4)(b) (prints, samples etc. in criminal investigations: supplementary provisions), for “police force which instructed the analysis” substitute “Police Service of Scotland”.

(8)In section 19C (use of certain samples etc.)—

(a)in subsection (1)(e)—

(i)for paragraph (i) substitute—

(i)the Police Service of Scotland (“the Police Service”),,

(ii)in paragraph (ii), for “Services Authority” substitute “Authority (“the Authority”),”,

(iii)in paragraph (iii), for “a police force” substitute “the Police Service or the Authority”,

(b)in subsection (4), for the words from “a” where it first occurs to “force” where it third occurs substitute “the Police Service, the Authority or a person acting on behalf of the Police Service or the Authority, the Police Service”,

(c)in subsection (5), for the words from “A” to “force” where it second occurs substitute “The Police Service, the Authority or a person acting on behalf of the Police Service or the Authority”.

(9)In section 194I(4) (power of Scottish Criminal Cases Review Commission to obtain documents), in the definition of “public body”, for paragraph (a) substitute—

(a)the Police Service of Scotland;.

(10)In section 307(1) (interpretation)—

(a)in the definition of “constable”, for “Police (Scotland) Act 1967” substitute “Police and Fire Reform (Scotland) Act 2012”,

(b)in the definition of “officer of law”, for paragraph (c) substitute—

(c)any person who is appointed under section 26 of the Police and Fire Reform (Scotland) Act 2012 who is either authorised by the chief constable of the Police Service of Scotland in relation to such service and execution or is a police custody and security officer;.

(11)In Schedule 9 (certificates as to proof of certain routine matters), in the entry for the Firearms Act 1968 (c.27), in the second column, for “police force maintained for the authority’s area” substitute “Police Service of Scotland”.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Executive department responsible for the subject matter of the Act 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

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources