Age of Criminal Responsibility (Scotland) Act 2019 (asp 7)

PART 4 S POLICE INVESTIGATORY AND OTHER POWERS

Modifications etc. (not altering text)

C1 Pt. 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)

C2 Pt. 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)

C3 Pt. 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)

CHAPTER 2 S SEARCH OF CHILDREN UNDER 12

Search under order S

35 Consideration of application for order under section 36 S

(1) This section applies where a constable makes an application under section 34 in respect of a child.

(2) The sheriff may determine the application in court or in chambers after such enquiry or hearing (if any) as the sheriff considers appropriate.

(3) Before determining the application, the sheriff must consider whether any of the following persons should be given an opportunity to make representations—

(a) the applicant,

(b) the child in respect of whom the application is made,

(c) a parent of the child,

(d) any other person the sheriff considers to have an interest in the application.

Commencement Information

I1 S. 35 in force at 17.12.2021 by S.S.I. 2021/449, reg. 2