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Age of Criminal Responsibility (Scotland) Act 2019

2019 asp 7 · Enacted 11 June 2019 · Extends to Scotland

Not fully up to date. 4 changes made by later legislation have not yet been written into this text, which is revised to 1 April 2025.

See the changes not yet applied
ProvisionChangeMade by
s. 39(3)words repealedChildren (Care and Justice) (Scotland) Act 2024 sch. para. 2(2)
s. 58(6)(b)repealedChildren (Care and Justice) (Scotland) Act 2024 sch. para. 2(3)
s. 76words repealedChildren (Care and Justice) (Scotland) Act 2024 sch. para. 2(4)
s. 80words substitutedChildren (Care and Justice) (Scotland) Act 2024 sch. para. 2(5)

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 children by the police; on police interviews with certain children; and on the taking of forensic samples from certain children by the police; and for connected purposes.

The Bill for this Act of the Scottish Parliament was passed by the Parliament on 7th May 2019 and received Royal Assent on 11th June 2019

Contents

  1. Part 1: AGE OF CRIMINAL RESPONSIBILITY
  2. 1Raising the age of criminal responsibility
  3. 2Raising the age of criminal responsibility: consequential repeal and saving
  4. 3No referral of child under 12 to children's hearing on offence ground
  5. Part 2: DISCLOSURE OF CONVICTIONS AND OTHER INFORMATION RELATING TO TIME WHEN PERSON UNDER 12
  6. Chapter 1: DISCLOSURE OF CONVICTIONS ETC.
  7. Pre-12 convictions etc. not be treated as convictions
  8. 4Amendment of the Rehabilitation of Offenders Act 1974
  9. Disclosure of information about relevant behaviour
  10. 5Disclosure of information about convictions etc. relating to time when person under 12
  11. 6Disclosure of information about relevant behaviour: judicial proceedings
  12. 7Disclosure of information about relevant behaviour: non-judicial proceedings
  13. 8Disapplication of sections 6 and 7
  14. 9Further limitations on sections 6 and 7
  15. Chapter 2: INDEPENDENT REVIEW OF DISCLOSURE OF INFORMATION
  16. Limitation on disclosure of information
  17. 10Disclosure of information relating to time when person under 12
  18. Appointment of independent reviewer
  19. 11Independent reviewer
  20. 12Period and terms of appointment
  21. 13Administrative support
  22. Review of information prior to disclosure
  23. 14Referral of information to independent reviewer
  24. 15Notification of referral under section 14
  25. 16Notification to applicant or scheme member
  26. 17Provision of information to the independent reviewer
  27. 18Review of referred information
  28. 19Notification of determination
  29. 20Appeal against determination under section 18
  30. 20ARemoval of information from scheme record following review or appeal
  31. General functions of independent reviewer
  32. 21Annual report and recommendations
  33. 22Guidance
  34. 23Regulation of procedure for review
  35. 24Modifications of the functions of the independent reviewer
  36. Chapter 3: GENERAL PROVISIONS
  37. 25Amendments consequential on Chapter 2 Repealed
  38. 26Interpretation of Part 2
  39. Part 3: VICTIM INFORMATION
  40. 27Provision of information to persons affected by child's behaviour
  41. Part 4: POLICE INVESTIGATORY AND OTHER POWERS
  42. Chapter 1: EMERGENCY PLACE OF SAFETY
  43. 28Power to take child under 12 to place of safety
  44. 29List of places of safety
  45. 30Place of safety: regulations
  46. 31Guidance
  47. 32Reports on use of places of safety
  48. Chapter 2: SEARCH OF CHILDREN UNDER 12
  49. Search without warrant
  50. 33Search of child under 12 without warrant under existing enactment
  51. Search under order
  52. 34Application for order authorising search in relation to child under 12
  53. 35Consideration of application for order under section 36
  54. 36Order authorising search in relation to child under 12
  55. 37Notification of order under section 36
  56. 38Appeal against decision under section 36
  57. Chapter 3: QUESTIONING OF CERTAIN CHILDREN
  58. Limitation on police questioning
  59. 39Limitation on police questioning of certain children
  60. Investigative interview by agreement
  61. 40Investigative interview by agreement
  62. 41Information to be provided following agreement to investigative interview
  63. Child interview order
  64. 42Application for child interview order
  65. 43Consideration of application for child interview order
  66. 44Child interview order
  67. 45Notification of child interview order
  68. 46Appeal against decision under section 44
  69. Planning and conduct of investigative interviews
  70. 47Planning of investigative interview
  71. 48Conduct of investigative interview
  72. 49Right not to answer questions
  73. 50Right to have supporter present
  74. 51Right to have child interview rights practitioner present
  75. 52Child not to be questioned while unaccompanied
  76. 53Information to be provided to child
  77. Questioning in urgent cases
  78. 54Questioning of child in urgent cases
  79. 55Procedure following authorisation of questioning under section 54
  80. Register of child interview rights practitioners
  81. 56Register of child interview rights practitioners
  82. Guidance
  83. 57Guidance
  84. Chapter 4: TAKING OF PRINTS AND SAMPLES FROM CERTAIN CHILDREN
  85. Limitation on taking of prints and samples
  86. 58Limitation on taking prints and samples from children under 12
  87. 59Limitation on taking prints and samples from children aged 12 and over
  88. 60Key definitions
  89. Order authorising taking of prints and samples
  90. 61Application for order authorising taking of prints and samples from child
  91. 62Consideration by sheriff of application for order under section 63
  92. 63Order authorising taking of prints and samples from child
  93. 64Notification of order under section 63
  94. 65Taking of intimate samples
  95. 66Destruction of prints and samples taken under section 63
  96. 67Appeal against decision under section 63
  97. 68Treatment of prints and samples where appeal taken against making of order under section 63
  98. Taking of prints and samples in urgent cases
  99. 69Taking of prints and samples in urgent cases
  100. 70Procedure following taking of prints and samples under section 69
  101. Destruction of prints and samples taken with consent
  102. 71Destruction of prints and samples taken from children aged 12 and over with consent
  103. Chapter 5: GENERAL PROVISIONS
  104. 72Wellbeing of child
  105. 73Children's legal aid for proceedings under this Part
  106. 74Additional powers and duties of constables
  107. 75Offences
  108. 76Interpretation of Part 4
  109. Part 5: CHILDREN'S HEARINGS: DUTY TO CONSIDER NEED FOR FURTHER REPORTS
  110. 77Children's hearings: duty to consider need for further reports
  111. Part 6: REVIEW OF AGE OF CRIMINAL RESPONSIBILITY
  112. 78Review of age of criminal responsibility
  113. 79Provision of information
  114. Part 7: FINAL PROVISIONS
  115. 80Interpretation
  116. 81Civil jurisdiction of summary sheriffs
  117. 82Regulation-making powers
  118. 83Ancillary provision
  119. 84Commencement
  120. 85Short title