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Age of Criminal Responsibility (Scotland) Act 2019

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71Destruction of prints and samples taken from children aged 12 and over with consent

(1)This section applies where relevant physical data or a relevant sample has been taken from a child with consent by virtue of section 59(1)(b).

(2)The relevant constable must ensure that all record of any data taken, all samples taken, and all information derived from any samples are destroyed as soon as possible following—

(a)a decision not to pass information about the child to the Principal Reporter under section 61 of the 2011 Act, or

(b)where information is so passed, the conclusion of proceedings in relation to the child under that Act in so far as arising from that information.

(3)For the purposes of subsection (2)(b), such proceedings are concluded when an event mentioned in section 66(4) or (6) occurs.

(4)Subsection (2) does not apply where the destruction of a sample, or the information derived from it, could have the effect of destroying a sample, or any information derived from it, lawfully held in relation to a person other than the child from whom the sample was taken.

(5)In subsection (2), the “relevant constable” is the constable investigating the child’s behaviour and the circumstances surrounding it (including whether a person other than the child has committed an offence).

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