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

PART 4 POLICE INVESTIGATORY AND OTHER POWERS

CHAPTER 4 TAKING OF PRINTS AND SAMPLES FROM CERTAIN CHILDREN

Order authorising taking of prints and samples

63 Order 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.