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Section 61 Application for order authorising taking of prints and samples from childC1C2C3I1

(1)

A constable may apply to the sheriff for an order under section 63 authorising the taking of relevant physical data or relevant samples from a child.

(2)

An application for an order under section 63 must—

(a)

identify the applicant,

(b)

in so far as is practicable, identify the child in respect of whom the order is sought,

(c)

in so far as is practicable, identify a parent of the child,

(d)

state the grounds on which the application is made,

(e)

specify the relevant physical data and relevant samples in relation to which authority to take is sought (including whether authority is sought to take an intimate sample),

(f)

be accompanied by supporting evidence, whether documentary or otherwise, sufficient to enable the sheriff to determine the application.

Annotations

Modifications

C1

Pt. 4 applied (with modifications) (17.12.2021) by 2004 c. 20, s. 56B (as inserted by The Age of Criminal Responsibility (Scotland) Act 2019 (Consequential Provisions and Modifications) Order 2021 (S.I. 2021/1458), arts. 1(1), 19)

C2

Pt. 4 applied (with modifications) (17.12.2021) by 1987 c. 4, s. 2E (as inserted by The Age of Criminal Responsibility (Scotland) Act 2019 (Consequential Provisions and Modifications) Order 2021 (S.I. 2021/1458), arts. 1(1), 17)

C3

Pt. 4 applied (with modifications) (17.12.2021) by 2003 c. 20, s. 31B (as inserted by The Age of Criminal Responsibility (Scotland) Act 2019 (Consequential Provisions and Modifications) Order 2021 (S.I. 2021/1458), arts. 1(1), 18)

Commencement

I1

S. 61 in force at 17.12.2021 by S.S.I. 2021/449, reg. 2