Criminal Justice (Scotland) Act 2016

24 Notice to local authority that under 18 to be brought before court

(1) The appropriate local authority must be informed of the matters mentioned in subsection (4) when—

(a) a person to whom either subsection (2) or (3) applies is to be brought before a court in accordance with section 21(2), or

(b) a person to whom subsection (2) applies is released from police custody on an undertaking given under section 25(2)(a).

(2) This subsection applies to—

(a) a person who is under 16 years of age,

(b) a person who is—

(i) 16 or 17 years of age, and

(ii) subject to a compulsory supervision order, or an interim compulsory supervision order, made under the Children’s Hearings (Scotland) Act 2011.

(3) This subsection applies to a person if—

(a) a constable believes the person is 16 or 17 years of age,

(b) since being arrested, the person has not exercised the right to have intimation sent under section 38, and

(c) on being informed or reminded of the right to have intimation sent under that section after being officially accused, the person has declined to exercise the right.

(4) The matters referred to in subsection (1) are—

(a) the court before which the person mentioned in paragraph (a) or (as the case may be) (b) of that subsection is to be brought,

(b) the date on which the person is to be brought before the court, and

(c) the general nature of the offence which the person has been officially accused of committing.

(5) For the purpose of subsection (1), the appropriate local authority is the local authority in whose area the court referred to in subsection (4)(a) sits.