Antisocial Behaviour etc. (Scotland) Act 2004, Section 10 is up to date with all changes known to be in force on or before 07 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
(1)The Criminal Procedure (Scotland) Act 1995 (c. 46) shall be amended as follows.
(2)In subsection (2) of section 44 (detention of children), after “offence” there shall be inserted “ (other than, if the child is under the age of 16 years, an offence under section 9(1) of the Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8) or that section as applied by section 234AA(11) of this Act) ”.
(3)In section 208 (detention of children convicted on indictment), after “Act” there shall be inserted “ and subsection (3) below ”.
(4)At the end of section 208 there shall be added—
“(3)If the child is under the age of 16 years, the power conferred by subsection (1) above shall not be exercisable in respect of a conviction for an offence under section 9(1) of the Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8) or that section as applied by section 234AA(11) of this Act.”.
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