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Age of Criminal Responsibility (Scotland) Act 2019

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36Order authorising search in relation to child under 12

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

(2)The sheriff may make an order authorising any of the actions mentioned in subsection (4) if satisfied that there are reasonable grounds to suspect that—

(a)the child—

(i)by behaving in a violent or dangerous way, has caused or risked causing serious physical harm to another person, or

(ii)by behaving in a sexually violent or sexually coercive way, has caused or risked causing harm (whether physical or not) to another person, and

(b)evidence relevant to the investigation of that behaviour may be found on the child, on any premises or in any vehicle.

(3)In considering the matters mentioned in subsection (2), the sheriff must have regard to—

(a)the nature and seriousness of the child’s behaviour,

(b)whether making the order is appropriate given the child’s circumstances (including the child’s age and any matter related to the child’s behaviour).

(4)The actions referred to in subsection (2) are—

(a)the search of the child,

(b)the entry to and search of any premises,

(c)the entry to and search of any vehicle,

(d)the seizure of anything the constable may find on the child or on premises or in the vehicle.

(5)An order under this section authorises such of the actions mentioned in subsection (4) as are specified in the order for a period of 7 days beginning with the day on which the order is made.

(6)A constable who enters any unoccupied premises by virtue of this section must leave the premises as effectively secured against unauthorised entry as the constable found them.

(7)In this section—

  • “premises” includes—

    (a)

    land,

    (b)

    buildings (including a building used as a dwelling),

    (c)

    a caravan, houseboat or other moveable structure used as a dwelling,

  • “vehicle” includes a vessel.

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