The Children's Hearings (Scotland) Act 2011 (Rules of Procedure in Children's Hearings) Rules 2013

Information to be given to the chief constable and use of that informationS

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90.—(1) Where rule 88 applies and the grounds hearing has proceeded under section 91(3) (grounds accepted: powers of grounds hearing) of the Act or, where rule 68 applies, section 119(3) (children's hearing following deferral or proceedings under Part 10) of the Act, the Reporter must notify the children's hearing's decision to the chief constable of the Police Service of Scotland under section 61 (constable's duty to provide information to Principal Reporter) of the Act or section 43(5) (arrangements where children arrested) of the Criminal Procedure (Scotland) Act 1995.

(2) Where rule 88 applies and the decision of the children's hearing is to make a compulsory supervision order in respect of a person aged 16 years or older, as soon as reasonably practicable, the Reporter must notify the chief constable of the area in which the person resides.

(3) When a child subject to a compulsory supervision order reaches the age of 16 years, the Reporter must, as soon as reasonably practicable, notify the chief constable of the area in which the child resides.

(4) Where section 199(3) and (4) (meaning of “child”) of the Act applies to a person, the Reporter must, as soon as reasonably practicable, notify the chief constable of the area in which the person resides of-

(a)the application of section 199(3) and (4) of the Act to that person; and

(b)when a relevant event in section 199(5) of the Act has taken place in relation to that person.

(5) When a person under paragraph (2), (3) or (4) is no longer subject to a compulsory supervision order, the Reporter must, as soon as reasonably practicable, notify the chief constable of the area in which that person resides.

(6) Information disclosed to the chief constable under paragraph (1), (2), (3), (4) or (5) may be used by the chief constable and police forces only for the purpose of—

(a)enabling or assisting them to perform their functions under or by virtue of this Act, the Police Act 1997 M1, or the Protection of Vulnerable Groups (Scotland) Act 2007 M2;

(b)the prevention or detection of crime;

(c)the apprehension or prosecution of offenders; or

(d)the protection of children.

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