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Criminal Justice (Scotland) Act 2016
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Changes to legislation:
Criminal Justice (Scotland) Act 2016, Section 24 is up to date with all changes known to be in force on or before 24 November 2024. 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.
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Changes and effects yet to be applied to Section 24:
- s. 24(1)(a) words substituted by 2024 asp 5 s. 15(4)(a)
- s. 24(2) substituted by 2024 asp 5 s. 15(4)(b)
- s. 24(3) repealed by 2024 asp 5 s. 15(4)(c)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
- Act expiry of affecting provision 2022 asp 8, sch. para. 15 by S.S.I. 2023/360 reg. 2(a)
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 38(7)(a) words renumbered as s. 38(7)(a) by 2024 asp 5 s. 15(6)(a)
- s. 38(7)(b) and word inserted by 2024 asp 5 s. 15(6)(b)
- s. 41(1A) inserted by 2024 asp 5 s. 15(7)(b)
24Notice to local authority that under 18 to be brought before courtS
This section has no associated Explanatory Notes
(1)The appropriate local authority must be informed of the matters mentioned in subsection (4) when—
(a)a person to whom either subsection (2) or (3) applies is to be brought before a court in accordance with section 21(2), or
(b)a person to whom subsection (2) applies is released from police custody on an undertaking given under section 25(2)(a).
(2)This subsection applies to—
(a)a person who is under 16 years of age,
(b)a person who is—
(i)16 or 17 years of age, and
(ii)subject to a compulsory supervision order, or an interim compulsory supervision order, made under the Children's Hearings (Scotland) Act 2011.
(3)This subsection applies to a person if—
(a)a constable believes the person is 16 or 17 years of age,
(b)since being arrested, the person has not exercised the right to have intimation sent under section 38, and
(c)on being informed or reminded of the right to have intimation sent under that section after being officially accused, the person has declined to exercise the right.
(4)The matters referred to in subsection (1) are—
(a)the court before which the person mentioned in paragraph (a) or (as the case may be) (b) of that subsection is to be brought,
(b)the date on which the person is to be brought before the court, and
(c)the general nature of the offence which the person has been officially accused of committing.
(5)For the purpose of subsection (1), the appropriate local authority is the local authority in whose area the court referred to in subsection (4)(a) sits.
Modifications etc. (not altering text)
C1S. 24 applied (with modifications) by 1995 c. 46, s. 28A(2)(3) (as inserted (25.1.2018) by Criminal Justice (Scotland) Act 2016 (asp 1), s. 117(2), sch. 2 para. 30; S.S.I. 2017/345, art. 3, sch.)
Commencement Information
I1S. 24 in force at 25.1.2018 by S.S.I. 2017/345, art. 3, sch. (with art. 4)
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