{
  "url": "https://openlegislation.uk/draft-criminal-justice-scotland-act-2016-modification-of-part-1-and-ancillary-provision-regulations-2017/schedule/paragraph-2",
  "json_url": "https://openlegislation.uk/draft-criminal-justice-scotland-act-2016-modification-of-part-1-and-ancillary-provision-regulations-2017/schedule/paragraph-2.json",
  "legislation": "sdsi/2017/9780111037157",
  "legislation_title": "The Criminal Justice (Scotland) Act 2016 (Modification of Part 1 and Ancillary Provision) Regulations 2017",
  "legislation_url": "https://openlegislation.uk/draft-criminal-justice-scotland-act-2016-modification-of-part-1-and-ancillary-provision-regulations-2017",
  "path": "schedule/paragraph/2",
  "kind": "paragraph",
  "number": "2",
  "heading": "Modification of the Children (Scotland) Act 1995",
  "text": "Section 78 of the Children (Scotland) Act 1995 is modified as follows—\n(a) in subsection (10), paragraph (b) and the word “; and” immediately preceding it are omitted;\n(b) subsection (12) is repealed;\n(c) before subsection (13) insert—\n“(12A) Subsection (13) applies where—\n(a) a person is brought before the sheriff under subsection (11) above; and\n(b)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.”;\n(d) in subsection (13), for “a person is brought before the sheriff under subsection (11) above” substitute “this subsection applies”;\n(e) after subsection (13) insert—\n“(13A) Subsection (14) applies where—\n(a) a person has been liberated under subsection (7)(a) above; or\n(b) the following conditions are met—\n(i) a person is to be brought before the sheriff under subsection (11) above; and\n(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.”;\n(f) in subsection (14)—\n(i) for the words from the beginning to “subsection (11) above” substitute “Where this subsection applies”;\n(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”.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "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)."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/sdsi/2017/9780111037157/schedule/paragraph/2",
    "retrieved_at": "2026-10-30T15:33:32.886388+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}