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The Protection of Vulnerable Groups (Scotland) Act 2007 (Automatic Listing) (Specified Criteria) Order 2010

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Specified criteria for children’s list

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3.—(1) The criteria specified for the purposes of section 14(1) of the Act (automatic listing in the children’s list) are the criteria specified in paragraphs (2), (3) and (4).

(2) On or after the coming into force of this Order the individual has been convicted on indictment of an offence listed in Schedule 1.

(3) On or after the coming into force of this Order—

(a)the individual has been charged on indictment with an offence listed in paragraphs 1 to 11 of Schedule 1;

(b)either—

(i)the individual is acquitted of the charge on the ground of insanity; or

(ii)the court makes a finding under section 55(2) (insanity in bar of trial) of the 1995 Act in respect of the individual; and

(c)the court makes any order mentioned in section 57(2)(a) to (d) (disposal in cases of insanity) of the 1995 Act in relation to the acquittal or finding.

(4) Since becoming a scheme member(1) the individual has been convicted on indictment of an offence listed in Schedule 3.

(1)

“scheme member” is defined in section 45 of the Protection of Vulnerable Groups (Scotland) Act 2007.

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