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Section 48 Power to refer certain children to reporter.

Scotland

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

A court by or before which a person is convicted of having committed an offence to which this section applies may refer—

(a)

a child in respect of whom an offence mentioned in paragraph (a) or (b) of subsection (2) below has been committed; or

(b)

any child who is, or who is likely to become, a member of the same household as the person who has committed an offence mentioned in paragraph (b) or (c) of that subsection or the person in respect of whom the offence so mentioned was committed,

to the Principal Reporter, and certify that the offence shall be a ground established for the purposes of F1the Children’s Hearings (Scotland) Act 2011 (asp 1).

(2)

This section applies to an offence—

(a)

under section 21 of the M1Children and Young Persons (Scotland) Act 1937;

(b)

mentioned in Schedule 1 to this Act; or

(c)

in respect of a person aged 17 years or over which constitutes the crime of incest.

Annotations

Textual amendments

F1

Words in s. 48(1) substituted (24.6.2013) by The Childrens Hearings (Scotland) Act 2011 (Modification of Primary Legislation) Order 2013 (S.S.I. 2013/211), art. 1, sch. 1 para. 10(4)

Marginal citations

M1

1937 c.37.