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Age of Criminal Responsibility (Scotland) Act 2019
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Age of Criminal Responsibility (Scotland) Act 2019, Section 10 is up to date with all changes known to be in force on or before 01 December 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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Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Section 10:
- s. 10(1) repealed by 2020 asp 13 sch. 5 para. 7(3)
- s. 10(2) repealed by 2020 asp 13 sch. 5 para. 7(3)
- s. 10(4) repealed by 2020 asp 13 sch. 5 para. 7(3)
- s. 18(1A) inserted by 2020 asp 13 sch. 5 para. 7(8)(b)
- s. 20A inserted by 2020 asp 13 sch. 5 para. 7(9)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 18(1A) inserted by 2020 asp 13 sch. 5 para. 7(8)(b)
- s. 20A inserted by 2020 asp 13 sch. 5 para. 7(9)
10Disclosure of information relating to time when person under 12S
This section has no associated Explanatory Notes
(1)In section 119 (sources of information) of the 1997 Act—
(a)after subsection (2) insert—
“(2A)But the chief constable of the Police Service of Scotland may provide information mentioned in section 113B(4) relating to a time when the applicant was under 12 years of age only where—
(a)the independent reviewer determines, on a review under section 18 of the Age of Criminal Responsibility (Scotland) Act 2019, that the information ought to be included in the certificate and—
(i)no appeal under section 20 of that Act is taken, or
(ii)such an appeal having been taken, the sheriff confirms the determination under section 20(3)(a), or
(b)the sheriff, on an appeal under section 20, determines under section 20(3)(b) that the information ought to be included in the certificate.”,
(b)after subsection (7) insert—
“(7A)In this section, “independent reviewer” means the independent reviewer appointed under section 12 of the Age of Criminal Responsibility (Scotland) Act 2019.”.
(2)In section 113B (enhanced criminal record certificates) of the 1997 Act, after subsection (4) insert—
“(4A)For the avoidance of doubt, information such as is mentioned in subsection (4) may include information with respect to relevant behaviour (within the meaning of section 5(1)(a) of the Age of Criminal Responsibility (Scotland) Act 2019).”.
(3)In section 49 (vetting information) of the 2007 Act, after subsection (1) insert—
“(1A)For the avoidance of doubt, information such as is mentioned in subsection (1)(c) may include information with respect to relevant behaviour (within the meaning of section 5(1)(a) of the Age of Criminal Responsibility (Scotland) Act 2019).”.
(4)In section 75 (sources of information) of the 2007 Act—
(a)after subsection (2) insert—
“(2A)But the chief constable may provide information under subsection (2) relating to a time when the scheme member was under 12 years of age only where—
(a)the independent reviewer determines, on a review under section 18 of the Age of Criminal Responsibility (Scotland) Act 2019, that the information ought to be included in the scheme member's scheme record and—
(i)no appeal under section 20 of that Act is taken, or
(ii)such an appeal having been taken, the sheriff confirms the determination under section 20(3)(a), or
(b)the sheriff, on an appeal under section 20, determines under section 20(3)(b) that the information ought to be included in the scheme member's scheme record.”,
(b)after subsection (5) insert—
“(6)In this section, “independent reviewer” means the independent reviewer appointed under section 12 of the Age of Criminal Responsibility (Scotland) Act 2019.”.
Commencement Information
I1S. 10 in force at 30.11.2020 by S.S.I. 2020/369, reg. 2, sch.
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