Age of Criminal Responsibility (Scotland) Act 2019

58 Limitation on taking prints and samples from children under 12

(1) It is unlawful for a constable to take any relevant physical data or relevant sample from a child under 12 years of age except where authorised to do so—

(a) by an order under section 63,

(b) by virtue of section 69, or

(c) by or under any other enactment.

(2) Subsection (1) does not apply where—

(a) an offence appears to have been committed against the child, or

(b) the child appears to have been harmed as a result of another child behaving, when under 12 years of age, in a way mentioned in section 63(2)(a),

and the taking of relevant physical data or a relevant sample from the child is necessary to properly investigate that offence or, as the case may be, behaviour.

(3) Relevant physical data or a relevant sample taken from a child in the circumstances and for the purpose mentioned in subsection (2), and any information derived from such a sample, may not be used for the purpose of investigating an incident of a type mentioned in subsection (4).

(4) The incident is one—

(a) which occurred when the child was under 12 years of age, and

(b) in relation to which the constable has reasonable grounds to suspect that the child—

(i) by behaving in a violent or dangerous way, has caused or risked causing serious physical harm to another person, or

(ii) by behaving in a sexually violent or sexually coercive way, has caused or risked causing harm (whether physical or not) to another person.

(5) But subsection (3) does not—

(a) prohibit the use of the data, sample or information for the purpose of investigating the incident where the child is now 12 years of age or over and consents, or

(b) affect the ability of a constable—

(i) to apply for an order under section 63 authorising the taking of relevant physical data or a relevant sample from the child for the purpose of investigating the incident, or

(ii) to take such data or such a sample for that purpose by virtue of section 69.

(6) In this Chapter—

(a) references to taking relevant physical data and relevant samples from a child include references to requiring the child to provide relevant physical data and relevant samples,

(b) “child” has the same meaning as in Chapter 3.