Age of Criminal Responsibility (Scotland) Act 2019

Cited authorities 87

Cited in

Amendments 9

Jurisdiction	Scotland

Contenidos

Age of Criminal Responsibility (Scotland) Act 2019
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: For the purposes of section 66(2)(a) (investigation and determination by Principal Reporter) of the Children's Hearings (Scotland) Act 2011 (the “2011 Act”), the Principal Reporter may not determine that the ground in section 67(2)(j) (the offence ground) applies where the child—

PART 2: DISCLOSURE OF CONVICTIONS AND OTHER INFORMATION RELATING TO TIME WHEN PERSON UNDER 12

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

Limitation on disclosure of information

10: Disclosure of information relating to time when person under 12

Appointment of independent reviewer

11: Independent reviewer: There is to be an independent reviewer for the purposes of—
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

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

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

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

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

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

56: Register of child interview rights practitioners

Guidance

57: Guidance

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

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

Age of Criminal Responsibility (Scotland) Act 2019

2019 asp 7

An Act of the Scottish Parliament to raise the age of criminal responsibility to 12 years and to make consequential changes to the law on the disclosure of criminal records and of other information relating to individuals working or seeking to work with children or certain adults; on the provision of information by the Principal Reporter to persons adversely affected by the behaviour of children; on the taking of certain children to a place of safety by the police; on the search of certain...

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Age of Criminal Responsibility (Scotland) Act 2019

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