Age of Criminal Responsibility (Scotland) Act 2019

1. Introduction

2. The Act: an Overview

3. Part 1: Age of Criminal Responsibility

   1. Pre-existing law

   2. Changes made by the Act

4. Part 2: Disclosure of Convictions and Other Information Relating to Time When Person under 12

   1. Pre-existing law

   2. Changes made by the Act

      1. Impact on pre-existing law of change in age of criminal responsibility

      2. What this Part of the Act does

         1. Amendment and replacement of the 1974 Act in relation to pre-12 behaviour

         2. Effect of amendments of 1974 Act on 1997 and 2007 Acts

         3. Prohibition on provision of ORI unless approved by independent reviewer

         4. The independent reviewer

         5. Review process

         6. Effect of decision to include information about pre-12 behaviour as ORI on self-disclosure rules

5. Part 3: Victim Information

   1. Pre-existing law

   2. Changes made by the Act

      1. Impact on pre-existing law of change in age of criminal responsibility

      2. What this Part of the Act does

6. Part 4: Police Investigatory and Other Powers

   1. Chapter 1: Emergency place of safety

      1. Pre-existing law

      2. Changes made by the Act: impact on pre-existing law of change in age of criminal responsibility

      3. Changes made by the Act: what this Chapter of the Act does

   2. Chapter 2: Search of children under 12

      1. Pre-existing law

      2. Changes made by the Act: impact on pre-existing law of change in age of criminal responsibility

      3. Changes made by the Act: what this Chapter of the Act does

         1. Application of existing powers to search without warrant

         2. Search under court order

         3. Appeals

         4. Effect of provisions of general application on this Chapter

   3. Chapter 3: Questioning of certain children

      1. Pre-existing law

      2. Changes made by the Act: impact on pre-existing law of change in age of criminal responsibility

      3. Changes made by the Act: what this Chapter of the Act does

         1. Prohibition on questioning

         2. Investigative interview by agreement

         3. Child interview orders

         4. Appeals

         5. Planning and conduct of investigative interviews authorised by agreement under section 40 or by child interview order

         6. Questioning in urgent cases

         7. Register of child interview rights practitioners

         8. Effect of provisions of general application on this Chapter

         9. Guidance

   4. Chapter 4: Taking of prints and samples from certain children

      1. Pre-existing law

      2. Changes made by the Act: impact on pre-existing law of change in age of criminal responsibility

      3. Changes made by the Act: what this Chapter of the Act does

         1. Taking of prints and samples under court order

         2. Appeals

         3. Taking prints and samples in urgent cases

         4. Destruction of prints and samples

         5. Effect of provisions of general application on this Chapter

   5. Chapter 5: General provision

7. Part 5: Children’s Hearings: Duty to Consider Need for Further Reports

8. Part 6: Review of Age of Criminal Responsibility

9. Parliamentary History