Part 20General
Interpretation
C1199Meaning of “child”
1
In this Act, “child” means a person who is under 16 years of age (but subject to subsections (2) to (9)).
2
In paragraph (o) of section 67(2) and the other provisions of this Act in their application in relation to that paragraph, “child” means a person who is of school age.
3
Subsection (4) applies where a person becomes 16 years of age—
a
after section 66 applies in relation to the person, but
b
before a relevant event.
4
For the purposes of the application of this Act to the person, references in this Act to a child include references to the person until a relevant event occurs.
5
A relevant event is—
a
the making of a compulsory supervision order in relation to the person,
b
the notification of the person under section 68(3) that the question of whether a compulsory supervision order should be made in respect of the person will not be referred to a children's hearing, or
c
the discharge of the referral.
6
Subsection (7) applies if—
a
a compulsory supervision order is in force in respect of a person on the person's becoming 16 years of age, or
b
a compulsory supervision order is made in respect of a person on or after the person becomes 16 years of age.
7
For the purposes of the application of the provisions of this Act relating to that order, references in this Act to a child include references to the person until whichever of the following first occurs—
a
the order is terminated, or
b
the person becomes 18 years of age.
8
Subsection (9) applies where a case is remitted to the Principal Reporter under section 49(7)(b) of the Criminal Procedure (Scotland) Act 1995.
9
For the purposes of the application of this Act to the person whose case is remitted, references in this Act to a child include references to the person until whichever of the following first occurs—
a
a children's hearing or the sheriff discharges the referral,
b
a compulsory supervision order made in respect of the person is terminated, or
c
the person becomes 18 years of age.