PART 3

CRIMINAL PROCEDURE

Children

Prosecution of children
52
1
The 1995 Act is amended as follows.
2
After section 41 insert—

Prosecution of children under 12
41A
1
A child under the age of 12 years may not be prosecuted for an offence.
2
A person aged 12 years or more may not be prosecuted for an offence which was committed at a time when the person was under the age of 12 years.
.
3
In section 42 (prosecution of children), in subsection (1)—
a
for “No child under the age of 16 years shall” substitute “A child aged 12 years or more but under 16 years may not”,
b
for “his instance” substitute “the instance of the Lord Advocate”, and
c
for “a child under the age of 16 years” substitute “such a child”.
4
In section 234AA (antisocial behaviour order), in subsection (2), paragraph (b) is repealed.