Age of Criminal Responsibility (Scotland) Act 2019

14 Referral of information to independent reviewer

(1) This section applies where—

(a) the chief constable, having been requested to do so by the Scottish Ministers under section 113B(4) of the 1997 Act, has identified information which relates to a time when the applicant was under 12 years of age and which, in the chief constable’s opinion, ought to be included in an enhanced criminal record certificate issued under section 113B(1) of that Act, or

(b) the chief constable, as a result of an enquiry or arrangements made under section 47 of the 2007 Act, has identified information which relates to a time when the scheme member was under 12 years of age and which, in the chief constable’s opinion, ought to be included in a scheme record by virtue of section 49(1)(c) of that Act.

(2) The chief constable must, before providing that information to the Scottish Ministers, refer that information to the independent reviewer together with the following—

(a) in the case of information falling within subsection (1)(a), information about the purpose described in the statement under section 113B(2) of the 1997 Act in relation to which the enhanced criminal record certificate is required,

(b) in the case of information falling within subsection (1)(b), information about the regulated work in relation to which the scheme member to whom the scheme record relates participates in the scheme,

(c) an explanation of why the chief constable considers the information ought to be included in the enhanced criminal record certificate or, as the case may be, scheme record, and

(d) any other information the chief constable considers relevant to the exercise of the independent reviewer’s functions.