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

[F1 The Police Investigations and Review Commissioner ] S

Textual Amendments

F1 S. 33 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)

33 [F2 The Police Investigations and Review Commissioner] S

(1) There is to be an officer known as the [F3 Police Investigations and Review Commissioner] (“the Commissioner”).

(2) The Commissioner is to be an individual appointed by the Scottish Ministers.

(3) Schedule 4 (which makes further provision about the Commissioner) has effect.

Textual Amendments

F2 S. 33 provision heading substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), ss. 61(2)(b), 129(2) (with s. 100); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

F3 Words in s. 33(1) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), ss. 61(2)(c), 129(2) (with s. 100); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

[F4 33A General functions of the Commissioner S

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 [F5 Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016];

(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

F4 S. 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)

F5 Words in s. 33A(b)(ii) substituted (15.6.2017) by Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016 (asp 2), s. 42(2), sch. 2 para. 11(2); S.S.I. 2017/155, reg. 2 (with regs. 4(2) 5)