Age of Criminal Responsibility (Scotland) Act 2019 (asp 7)

PART 4 S POLICE INVESTIGATORY AND OTHER POWERS

Modifications etc. (not altering text)

C1 Pt. 4 applied (with modifications) (17.12.2021) by 2004 c. 20, s. 56B (as inserted by The Age of Criminal Responsibility (Scotland) Act 2019 (Consequential Provisions and Modifications) Order 2021 (S.I. 2021/1458), arts. 1(1), 19)

C2 Pt. 4 applied (with modifications) (17.12.2021) by 1987 c. 4, s. 2E (as inserted by The Age of Criminal Responsibility (Scotland) Act 2019 (Consequential Provisions and Modifications) Order 2021 (S.I. 2021/1458), arts. 1(1), 17)

C3 Pt. 4 applied (with modifications) (17.12.2021) by 2003 c. 20, s. 31B (as inserted by The Age of Criminal Responsibility (Scotland) Act 2019 (Consequential Provisions and Modifications) Order 2021 (S.I. 2021/1458), arts. 1(1), 18)

CHAPTER 3 S QUESTIONING OF CERTAIN CHILDREN

Child interview order S

46 Appeal against decision under section 44 S

(1) An appeal taken to the Sheriff Appeal Court under section 110 of the Courts Reform (Scotland) Act 2014 against a decision of the sheriff under section 44 may be taken only where the sheriff, on an application made by a constable or by or on behalf of the child to whom the decision relates, gives permission.

(2) Permission to appeal against such a decision must be applied for—

(a) where a child interview order is made, before the end of the period of 3 working days beginning with the day after the day on which the child is provided with a copy of the order under section 45,

(b) where the sheriff refuses to make such an order, before the end of the period of 3 working days beginning with the day after the day on which the decision is made.

(3) An appeal against the decision of the sheriff under section 44 must be taken before the end of the period of 3 working days beginning with the day on which permission to appeal is given.

(4) A decision of the Sheriff Appeal Court on an appeal against the sheriff's decision is final.

(5) Subsection (6) applies where—

(a) the Sheriff Appeal Court upholds or varies the order appealed against, and

(b) the investigative interview authorised by the order has not been completed at the time the appeal is determined.

(6) The Sheriff Appeal Court may, in substitution for the period mentioned in section 44(7) (or any period specified by virtue of that section), specify—

(a) a period (not exceeding 7 days) at the end of which the child interview order is to cease to have effect, and

(b) the day on which that period is to begin.

Commencement Information

I1 S. 46 in force at 17.12.2021 by S.S.I. 2021/449, reg. 2