Age of Criminal Responsibility (Scotland) Act 2019
Age of Criminal Responsibility (Scotland) Act 2019 (2019 asp 7)
- Age of Criminal Responsibility (Scotland) Act 2019 (2019 asp 7)
- PART 1 AGE OF CRIMINAL RESPONSIBILITY
- 1 Raising the age of criminal responsibility
- 2 Raising the age of criminal responsibility: consequential repeal and saving
- 3 No referral of child under 12 to children's hearing on offence ground
- PART 2 DISCLOSURE OF CONVICTIONS AND OTHER INFORMATION RELATING TO TIME WHEN PERSON UNDER 12
- CHAPTER 1 DISCLOSURE OF CONVICTIONS ETC.
- Pre-12 convictions etc. not be treated as convictions
- 4 Amendment of the Rehabilitation of Offenders Act 1974
- Disclosure of information about relevant behaviour
- 5 Disclosure of information about convictions etc. relating to time when person under 12
- 6 Disclosure of information about relevant behaviour: judicial proceedings
- 7 Disclosure of information about relevant behaviour: non-judicial proceedings
- 8 Disapplication of sections 6 and 7
- 9 Further limitations on sections 6 and 7
- CHAPTER 2 INDEPENDENT REVIEW OF DISCLOSURE OF INFORMATION
- Limitation on disclosure of information
- 10 Disclosure of information relating to time when person under 12
- Appointment of independent reviewer
- 11 Independent reviewer
- 12 Period and terms of appointment
- 13 Administrative support
- Review of information prior to disclosure
- 14 Referral of information to independent reviewer
- 15 Notification of referral under section 14
- 16 Notification to applicant or scheme member
- 17 Provision of information to the independent reviewer
- 18 Review of referred information
- 19 Notification of determination
- 20 Appeal against determination under section 18
- 20A Removal of information from scheme record following review or appeal
- General functions of independent reviewer
- 21 Annual report and recommendations
- 22 Guidance
- 23 Regulation of procedure for review
- 24 Modifications of the functions of the independent reviewer
- CHAPTER 3 GENERAL PROVISIONS
- 25 Amendments consequential on Chapter 2
- 26 Interpretation of Part 2
- PART 3 VICTIM INFORMATION
- 27 Provision of information to persons affected by child's behaviour
- PART 4 POLICE INVESTIGATORY AND OTHER POWERS
- CHAPTER 1 EMERGENCY PLACE OF SAFETY
- 28 Power to take child under 12 to place of safety
- 29 List of places of safety
- 30 Place of safety: regulations
- 31 Guidance
- 32 Reports on use of places of safety
- CHAPTER 2 SEARCH OF CHILDREN UNDER 12
- Search without warrant
- 33 Search of child under 12 without warrant under existing enactment
- Search under order
- 34 Application for order authorising search in relation to child under 12
- 35 Consideration of application for order under section 36
- 36 Order authorising search in relation to child under 12
- 37 Notification of order under section 36
- 38 Appeal against decision under section 36
- CHAPTER 3 QUESTIONING OF CERTAIN CHILDREN
- Limitation on police questioning
- 39 Limitation on police questioning of certain children
- Investigative interview by agreement
- 40 Investigative interview by agreement
- 41 Information to be provided following agreement to investigative interview
- Child interview order
- 42 Application for child interview order
- 43 Consideration of application for child interview order
- 44 Child interview order
- 45 Notification of child interview order
- 46 Appeal against decision under section 44
- Planning and conduct of investigative interviews
- 47 Planning of investigative interview
- 48 Conduct of investigative interview
- 49 Right not to answer questions
- 50 Right to have supporter present
- 51 Right to have child interview rights practitioner present
- 52 Child not to be questioned while unaccompanied
- 53 Information to be provided to child
- Questioning in urgent cases
- 54 Questioning of child in urgent cases
- 55 Procedure following authorisation of questioning under section 54
- Register of child interview rights practitioners
- 56 Register of child interview rights practitioners
- Guidance
- 57 Guidance
- CHAPTER 4 TAKING OF PRINTS AND SAMPLES FROM CERTAIN CHILDREN
- Limitation on taking of prints and samples
- 58 Limitation on taking prints and samples from children under 12
- 59 Limitation on taking prints and samples from children aged 12 and over
- 60 Key definitions
- Order authorising taking of prints and samples
- 61 Application for order authorising taking of prints and samples from child
- 62 Consideration by sheriff of application for order under section 63
- 63 Order authorising taking of prints and samples from child
- 64 Notification of order under section 63
- 65 Taking of intimate samples
- 66 Destruction of prints and samples taken under section 63
- 67 Appeal against decision under section 63
- 68 Treatment of prints and samples where appeal taken against making of order under section 63
- Taking of prints and samples in urgent cases
- 69 Taking of prints and samples in urgent cases
- 70 Procedure following taking of prints and samples under section 69
- Destruction of prints and samples taken with consent
- 71 Destruction of prints and samples taken from children aged 12 and over with consent
- CHAPTER 5 GENERAL PROVISIONS
- 72 Wellbeing of child
- 73 Children's legal aid for proceedings under this Part
- 74 Additional powers and duties of constables
- 75 Offences
- 76 Interpretation of Part 4
- PART 5 CHILDREN'S HEARINGS: DUTY TO CONSIDER NEED FOR FURTHER REPORTS
- 77 Children's hearings: duty to consider need for further reports
- PART 6 REVIEW OF AGE OF CRIMINAL RESPONSIBILITY
- 78 Review of age of criminal responsibility
- 79 Provision of information
- PART 7 FINAL PROVISIONS
- 80 Interpretation
- 81 Civil jurisdiction of summary sheriffs
- 82 Regulation-making powers
- 83 Ancillary provision
- 84 Commencement
- 85 Short title
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