Search Legislation

Age of Criminal Responsibility (Scotland) Act 2019

 Help about what version

What Version

 Help about opening options

Opening Options

Status:

This is the original version (as it was originally enacted).

63Order authorising taking of prints and samples from child

(1)This section applies where a constable makes an application under section 61 in respect of a child.

(2)The sheriff may make an order authorising the taking of relevant physical data and relevant samples from the child only if satisfied that—

(a)there are reasonable grounds to suspect that 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)the taking of relevant physical data or a relevant sample from the child is necessary to properly investigate the child’s behaviour and the circumstances surrounding it (including whether a person other than the child has committed an offence).

(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 the taking of relevant physical data or relevant samples is appropriate given the child’s circumstances (including the child’s age and any matter related to the child’s behaviour).

(4)An order under this section authorises—

(a)the taking of the relevant physical data or relevant samples specified,

(b)the period, beginning with day on which the order is made, within which that data and those samples may be taken, being—

(i)no more than 7 days, or

(ii)such longer period as may be specified on cause shown,

(c)the taking of steps in relation to that data and those samples,

(d)the removal of the child to the place at which the data and samples are to be taken and the keeping of the child in that place for the purposes of the taking of that data and those samples.

(5)Subsection (4)(b) does not apply where the application for the order relates to relevant physical data or a relevant sample taken by virtue of section 69.

(6)An order under this section may also require any person in a position to do so to produce the child to a constable.

(7)In this section, “specified” means specified in the order.

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

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

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