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Age of Criminal Responsibility (Scotland) Act 2019

Chapter 1: Emergency place of safety

Pre-existing law

90.Prior to implementation of this Act, where a child aged eight or over is behaving (or is likely to behave) in a way that is causing or risks causing significant harm to another person, a police constable may be able to arrest the child on suspicion that the child has committed (or is committing) an offence.(47) As a person who is arrested outwith a police station must be taken to a police station as quickly as reasonably practicable after the arrest(48), such an arrest would also have the immediate effect of removing the child to a place of safety.(49)


Section 1(1) of the Criminal Justice (Scotland) Act 2016.


Section 4 of that Act.


Part 1 of that Act also sets out what happens to an arrested person after this point.

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Explanatory Notes

Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.


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