Section 70B Solemn proceedings against childrenF1
Where solemn proceedings are brought in respect of an offence alleged to have been committed by a child, the court may sit either in a different building or room from that in which it usually sits or on different days from those on which other courts in the building are engaged in criminal proceedings.
Where solemn proceedings are brought in respect of an offence alleged to have been committed by a child, the court may direct that no person is to be present at any sitting for the purposes of such proceedings except—
members and officers of the court,
parties to the case before the court, their solicitors and counsel, jurors, witnesses and other persons directly concerned in that case,
bona fide representatives of news gathering or reporting organisations present for the purpose of the preparation of contemporaneous reports of the proceedings,
such other persons as the court may specially authorise to be present.
A court sitting for the purpose of hearing a charge against, or an application relating to, a person who is believed to be a child may, if it thinks fit, proceed with the hearing and determination of the charge or application even though it is discovered that the person in question is not a child.
Where solemn proceedings are brought in respect of an offence alleged to have been committed by a child who is charged jointly with a person who is not a child, the court must, in considering whether to take the steps mentioned in subsection (1) or to make a direction as mentioned in subsection (2), have regard to the rights of the person with whom the child is jointly charged to effectively participate in the proceedings.
Annotations
Textual amendments
- F1
S. 70B and cross-heading inserted (30.3.2026) by Children (Care and Justice) (Scotland) Act 2024 (asp 5), ss. 16(3), 38(3); S.S.I. 2025/379, reg. 2(2)(d)