Age of Criminal Responsibility (Scotland) Act 2019

66 Destruction of prints and samples taken under section 63

(1) This section applies where an order under section 63 authorises the taking of any relevant physical data or relevant sample from a child.

(2) The constable who applied for the order must ensure that all record of any data taken, all samples taken, and all information derived from any samples are destroyed as soon as possible following—

(a) a decision not to pass information about the child to the Principal Reporter under section 61 of the 2011 Act, or

(b) where information is so passed, the conclusion of proceedings in relation to the child under that Act in so far as arising from that information.

(3) For the purposes of subsection (2)(b), such proceedings are concluded when an event mentioned in subsection (4) or (6) occurs.

(4) The event referred to in subsection (3) is the determination by the Principal Reporter under section 66(2) of the 2011 Act—

(a) that the behaviour of the child, to which the information mentioned in subsection (2)(b) relates, does not give rise to a ground in section 67 of that Act applying in relation to the child (whether or not such a ground applies for any other reason), or

(b) that, as a result of that behaviour, such a ground does apply but it is not necessary for a compulsory supervision order to be made in respect of the child.

(5) Subsection (6) applies where the Principal Reporter determines under section 69(1) of that Act that—

(a) as a result of the behaviour of the child referred to in subsection (4)(a), a ground in section 67 of that Act does apply, and

(b) it is necessary for a compulsory supervision order to be made in respect of the child.

(6) The event referred to in subsection (3) is whichever of the following occurs first—

(a) the discharge of the referral to the children’s hearing,

(b) the withdrawal under section 107(2) of the 2011 Act of an application to the sheriff,

(c) the making of a compulsory supervision order in respect of the child, or

(d) where a compulsory supervision order is already in force in respect of the child, the termination, variation or continuation of the order.

(7) An event mentioned in subsection (6) is not treated as having occurred for the purposes of subsection (3) until—

(a) the end of the period for any appeal under the 2011 Act with no appeal or further appeal, as the case may be, having been taken, or

(b) if an appeal or a further appeal, as the case may be, is taken, the conclusion of that appeal or further appeal.

(8) Subsection (2) does not apply where the destruction of a sample, or the information derived from it, could have the effect of destroying any sample, or any information derived from it, lawfully held in relation to a person other than the child from whom the sample was taken.

(9) The Scottish Ministers may by regulations modify subsection (6) so as to add to, vary, or remove an event for the time being mentioned in that subsection.

(10) In this section, “children’s hearing” and “compulsory supervision order” have the same meanings as in the 2011 Act.