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Age of Criminal Responsibility (Scotland) Act 2019
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Age of Criminal Responsibility (Scotland) Act 2019, Section 33 is up to date with all changes known to be in force on or before 11 December 2024. 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.
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Changes and effects yet to be applied to Section 33:
- s. 18(1A) inserted by 2020 asp 13 sch. 5 para. 7(8)(b)
- s. 20A inserted by 2020 asp 13 sch. 5 para. 7(9)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 18(1A) inserted by 2020 asp 13 sch. 5 para. 7(8)(b)
- s. 20A inserted by 2020 asp 13 sch. 5 para. 7(9)
33Search of child under 12 without warrant under existing enactmentS
This section has no associated Explanatory Notes
(1)This section applies to an enactment under or by virtue of which a constable may, on the ground (however expressed) that the constable reasonably suspects an offence has been, is being or is about to be committed, carry out a search without warrant.
(2)The enactment applies to a child under 12 years of age as it applies to a person of 12 years or over who has committed, is committing or is about to commit an offence where the child's behaviour is such that, were the child 12 years or over, it would be an offence in relation to which the constable's power of search would be available.
(3)But subsection (2) does not apply to the enactment to the extent that it provides (or would, by virtue of that subsection, provide) that—
(a)the constable may arrest the child,
(b)the constable may apply for a warrant,
(c)the child commits an offence if the child—
(i)obstructs the constable in the exercise of a power conferred under or by virtue of the enactment, or
(ii)fails to comply with any requirement made of the child by the constable.
(4)The Scottish Ministers may by regulations—
(a)specify enactments to which this section is not to apply,
(b)modify subsection (3).
Modifications etc. (not altering text)
C1Pt. 4 applied (with modifications) (17.12.2021) by 2004 c. 20, s. 56B (as inserted by The Age of Criminal Responsibility (Scotland) Act 2019 (Consequential Provisions and Modifications) Order 2021 (S.I. 2021/1458), arts. 1(1), 19)
C2Pt. 4 applied (with modifications) (17.12.2021) by 1987 c. 4, s. 2E (as inserted by The Age of Criminal Responsibility (Scotland) Act 2019 (Consequential Provisions and Modifications) Order 2021 (S.I. 2021/1458), arts. 1(1), 17)
C3Pt. 4 applied (with modifications) (17.12.2021) by 2003 c. 20, s. 31B (as inserted by The Age of Criminal Responsibility (Scotland) Act 2019 (Consequential Provisions and Modifications) Order 2021 (S.I. 2021/1458), arts. 1(1), 18)
Commencement Information
I1S. 33(1)-(3) in force at 17.12.2021 by S.S.I. 2021/449, reg. 2
I2S. 33(4) in force at 31.3.2020 by S.S.I. 2020/74, reg. 2, sch.
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