Children's Hearings (Scotland) Act 2011

[F1 179A Request for information by person affected by child's offence or behaviour S

(1) This section applies—

(a) where the Principal Reporter is required to make a determination in relation to a child under section 66(2) and has information which suggests that—

(i) the child has committed an offence, or

(ii) the child, while under 12 years of age, has acted or behaved in a way that falls within subsection (2), or

(b) where, by virtue of section 71(3)(b) or 130, the Principal Reporter is required to arrange a children's hearing in relation to a child who has pled guilty to, or been found guilty of, an offence.

(2) Action or behaviour falls within this subsection if it—

(a) is—

(i) physically violent,

(ii) sexually violent or sexually coercive, or

(iii) dangerous, threatening or abusive, and

(b) causes harm to another person.

(3) A person mentioned in subsection (4) may request the Principal Reporter to provide the person with information about the action taken in relation to the offence or, as the case may be, the action or behaviour mentioned in subsection (1)(a)(ii).

(4) The persons are—

(a) any person against whom the offence mentioned in subsection (1)(a)(i) or (b) appears to have been committed,

(b) any person who appears to have been harmed by the action or behaviour mentioned in subsection (1)(a)(ii),

(c) where a person mentioned in paragraph (a) or (b) is a child, any relevant person in relation to that child,

(d) any other person or class of persons the Scottish Ministers may specify by regulations (subject to any conditions specified in the regulations).

(5) The Principal Reporter may inform any person mentioned in subsection (4)(a), (b) or (c) of the person's right to request information under subsection (3).

(6) Subsection (7) applies where—

(a) the Principal Reporter is required under section 68(3)(a) to provide information to a person, and

(b) that person is entitled to request information under subsection (3).

(7) A request made by the person for information under subsection (3) is to be treated as relating only to information which the Principal Reporter is not required to provide to the person under section 68(3)(a).]

Textual Amendments

F1 Ss. 179A-179C inserted (29.11.2019) by Age of Criminal Responsibility (Scotland) Act 2019 (asp 7), ss. 27(1), 84(2); S.S.I. 2019/349, reg. 2(b)