Search Legislation

Age of Criminal Responsibility (Scotland) Act 2019

 Help about what version

What Version

 Help about advanced features

Advanced Features

 Help about opening options

Opening Options

Changes over time for: Section 27

 Help about opening options

Alternative versions:

Status:

This version of this provision is prospective. Help about Status

Close

Status

The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:

  1. where the provision (Part, Chapter or section) has never come into force or;
  2. where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.

Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.

Changes to legislation:

Age of Criminal Responsibility (Scotland) Act 2019, Section 27 is up to date with all changes known to be in force on or before 21 November 2019. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to Section 27:

Prospective

27Provision of information to persons affected by child's behaviourS

(1)After section 179 of the 2011 Act, insert—

179ARequest for information by person affected by child's offence or behaviour

(1)This section applies—

(a)where the Principal Reporter is required to make a determination in relation to a child under section 66(2) and has information which suggests that—

(i)the child has committed an offence, or

(ii)the child, while under 12 years of age, has acted or behaved in a way that falls within subsection (2), or

(b)where, by virtue of section 71(3)(b) or 130, the Principal Reporter is required to arrange a children's hearing in relation to a child who has pled guilty to, or been found guilty of, an offence.

(2)Action or behaviour falls within this subsection if it—

(a)is—

(i)physically violent,

(ii)sexually violent or sexually coercive, or

(iii)dangerous, threatening or abusive, and

(b)causes harm to another person.

(3)A person mentioned in subsection (4) may request the Principal Reporter to provide the person with information about the action taken in relation to the offence or, as the case may be, the action or behaviour mentioned in subsection (1)(a)(ii).

(4)The persons are—

(a)any person against whom the offence mentioned in subsection (1)(a)(i) or (b) appears to have been committed,

(b)any person who appears to have been harmed by the action or behaviour mentioned in subsection (1)(a)(ii),

(c)where a person mentioned in paragraph (a) or (b) is a child, any relevant person in relation to that child,

(d)any other person or class of persons the Scottish Ministers may specify by regulations (subject to any conditions specified in the regulations).

(5)The Principal Reporter may inform any person mentioned in subsection (4)(a), (b) or (c) of the person's right to request information under subsection (3).

(6)Subsection (7) applies where—

(a)the Principal Reporter is required under section 68(3)(a) to provide information to a person, and

(b)that person is entitled to request information under subsection (3).

(7)A request made by the person for information under subsection (3) is to be treated as relating only to information which the Principal Reporter is not required to provide to the person under section 68(3)(a).

179BInformation to which section 179A applies

(1)The information about the action taken in relation to the offence or, as the case may be, the behaviour mentioned in subsection (1)(a)(ii) of section 179A which may be requested under subsection (3) of that section is—

(a)in a case mentioned in section 179A(1)(a), information as to whether or not a children's hearing required to be arranged under section 69(2) for the purpose of deciding whether a compulsory supervision order should be made in respect of the child and—

(i)where such a hearing did not require to be arranged, the information mentioned in subsection (2)(a),

(ii)where such a hearing did require to be arranged, the information mentioned in subsection (2)(b),

(b)in a case mentioned in section 179A(1)(b), the information mentioned in subsection (2)(b).

(2)The information is—

(a)information as to—

(i)what determination the Principal Reporter made under section 66(2), and

(ii)any other action taken by the Principal Reporter (under section 68(5) or otherwise),

(b)information as to—

(i)whether a compulsory supervision order has been made in respect of the child or, as the case may be, whether a compulsory supervision order which is already in force in respect of the child has been terminated, varied or continued, or

(ii)how the referral to the children's hearing was otherwise discharged.

179CDecision by Principal Reporter following request under section 179A

(1)The Principal Reporter may comply with a request made under section 179A(3) only if satisfied—

(a)that the provision of the information would not be detrimental to the best interests of the child mentioned in section 179A(1) (or any other child), and

(b)having regard to the factors mentioned in subsection (2), that it is appropriate in the circumstances of the case to provide the information.

(2)The factors are—

(a)the age of the child mentioned in section 179A(1),

(b)the seriousness of the offence or, as the case may be, the action or behaviour mentioned in section 179A(1)(a)(ii),

(c)the circumstances in which the offence or action or behaviour took place,

(d)the effect that the offence or the action or behaviour has had on the person mentioned in section 179A(4)(a) or, as the case may be, section 179A(4)(b), and

(e)such other factors as the Principal Reporter considers appropriate.

(3)The Principal Reporter must not, in providing information under subsection (1), provide any more information than is necessary to inform the person who made the request of the action taken in relation to the offence or, as the case may be, the action or behaviour mentioned in section 179A(1)(a)(ii)..

(2)In section 68 (determination under section 66: no referral to a children's hearing) of the 2011 Act, after subsection (3) insert—

(3A)The Principal Reporter may not, under subsection (3)(b), provide information to a person who is entitled to request that information under section 179A(3)..

(3)Section 53 of the Criminal Justice (Scotland) Act 2003 is repealed.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources