Criminal Justice and Licensing (Scotland) Act 2010

52 Prosecution of children

(1) The 1995 Act is amended as follows.

(2) After section 41 insert—

“41A Prosecution of children under 12

(1) A child under the age of 12 years may not be prosecuted for an offence.

(2) A person aged 12 years or more may not be prosecuted for an offence which was committed at a time when the person was under the age of 12 years.”.

(3) In section 42 (prosecution of children), in subsection (1)—

(a) for “No child under the age of 16 years shall” substitute “A child aged 12 years or more but under 16 years may not”,

(b) for “his instance” substitute “the instance of the Lord Advocate”, and

(c) for “a child under the age of 16 years” substitute “such a child”.

(4) In section 234AA (antisocial behaviour order), in subsection (2), paragraph (b) is repealed.