Part 1 SPolice

Chapter 2SComplaints and misconduct

Modifications etc. (not altering text)

[F1The Police Investigations and Review Commissioner ]S

Textual Amendments

F1S. 33 cross-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, arts. 1(1), 11)

[F233AGeneral functions of the CommissionerS

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 serving with the police may have committed an offence;

(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 Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976 (c.14);

(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).]

Textual Amendments

F2S. 33A inserted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), ss. 62, 129(2) (with s. 100); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121, arts. 1(1), 11)