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.