PART 1ARREST AND CUSTODY

CHAPTER 3CUSTODY: PERSON OFFICIALLY ACCUSED

Person to be brought before court

23Notice to parent that under 18 to be brought before court

1

Subsection (2) applies when a person who is 16 years of age or over and subject to a supervision order or under 16 years of age—

a

is to be brought before a court in accordance with section 21(2), or

b

is released from police custody on an undertaking given under section 25(2)(a).

2

A parent of the person mentioned in subsection (1) (if one can be found) must be informed of the following matters—

a

the court before which the person is to be brought,

b

the date on which the person is to be brought before the court,

c

the general nature of the offence which the person has been officially accused of committing, and

d

that the parent’s attendance at the court may be required under section 42 of the 1995 Act.

3

Subsection (2) does not require any information to be given to a parent if a constable has grounds to believe that giving the parent the information mentioned in that subsection may be detrimental to the wellbeing of the person mentioned in subsection (1).

4

In this section—

  • “parent” includes guardian and any person who has the care of the person mentioned in subsection (1),

  • “supervision order” means compulsory supervision order, or interim compulsory supervision order, made under the Children’s Hearings (Scotland) Act 2011.