PART 1ARREST AND CUSTODY
CHAPTER 6POLICE POWERS AND DUTIES
Duties of police
53Duty to inform Principal Reporter if child not being prosecuted
1
Subsections (2) and (3) apply if—
a
a person is being kept in a place of safety in accordance with section 22(2) when it is decided not to prosecute the person for any relevant offence, and
b
a constable has reasonable grounds for suspecting that the person has committed a relevant offence.
2
The Principal Reporter must be informed, as soon as reasonably practicable, that the person is being kept in a place of safety under subsection (3).
3
The person must be kept in a place of safety under this subsection until the Principal Reporter makes a direction under section 65(2) of the Children’s Hearings (Scotland) Act 2011.
4
An offence is a “relevant offence” for the purpose of subsection (1) if—
a
it is the offence with which the person was officially accused, leading to the person being kept in the place of safety in accordance with section 22(2), or
b
it is an offence arising from the same circumstances as the offence mentioned in paragraph (a).
5
In this section, “place of safety” has the meaning given in section 202(1) of the Children’s Hearings (Scotland) Act 2011.