Paragraph 2 Modification of the Children (Scotland) Act 1995

Section 78 of the Children (Scotland) Act 1995^f1 is modified as follows—

(a)

in subsection (10), paragraph (b) and the word “; and” immediately preceding it are omitted;

(b)

subsection (12) is repealed;

(c)

before subsection (13) insert—

“(12A)
Subsection (13) applies where—

(a)
a person is brought before the sheriff under subsection (11) above; and

(b)
the procurator fiscal has decided that no criminal proceedings are to be taken in respect of the facts and circumstances which gave rise to the arrest.”;

(d)

in subsection (13), for “a person is brought before the sheriff under subsection (11) above” substitute “this subsection applies”;

(e)

after subsection (13) insert—

“(13A)
Subsection (14) applies where—

(a)
a person has been liberated under subsection (7)(a) above; or

(b)
the following conditions are met—

(i)
a person is to be brought before the sheriff under subsection (11) above; and

(ii)
the procurator fiscal has decided that no criminal proceedings are to be taken in respect of the facts and circumstances which gave rise to the arrest.”;

(f)

in subsection (14)—

(i)

for the words from the beginning to “subsection (11) above” substitute “Where this subsection applies”;

(ii)

for the words from “in the case of” to “, before that” substitute “where the conditions in subsection (13A)(b) above are met, before the”.

Annotations

Footnotes

f1: 1995 c.36. Section 78 was amended by the 1995 Act schedule 4 paragraph 97(7) and the Police and Fire Reform (Scotland) Act 2012 (asp 8) schedule 7 paragraph 11(2).