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Rehabilitation of Offenders Act 1974
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- 1974 c. 53
- Section 3
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3 Special provision with respect to certain disposals by children’s hearings [F1under the Social Work (Scotland) Act 1968].E+W+S
Where a ground for the referral of a child’s case to a children’s hearing under the [F2Children (Scotland) Act 1995 is that mentioned in section 52(2)
[F3(3)This section does not apply where the acts or omissions constituting the ground mentioned in subsection (1) occurred when the child was under 12 years of age.]
(i)] of that Act (commission by the child of an offence) and that ground has either been accepted by the child and, where necessary, by his parent or been established [F4(or deemed established) to the satisfaction of the sheriff under section 68 or 85 of that Act, the acceptance, establishment (or deemed establishment)] of that ground shall be treated for the purposes of this Act (but not otherwise) as a conviction, and any disposal of the case thereafter by a children’s hearing shall be treated for those purposes as a sentence; and references in this Act to a person’s being charged with or prosecuted for an offence shall be construed accordingly.
Textual Amendments
F1Words in s. 3 heading repealed (S.) (30.11.2020) by Management of Offenders (Scotland) Act 2019 (asp 14), s. 63(2), sch. 2 para. 1(5); S.S.I. 2020/245, reg. 2, sch. (with reg. 3)
F2Words in s. 3 substituted (S.) (1.4.1997) by 1995 c. 36, s. 105(4), Sch. 4 para. 23(2)(a); S.I. 1996/3201, art. 3(7)
F3S. 3(3) inserted (S.) (30.11.2020) by Age of Criminal Responsibility (Scotland) Act 2019 (asp 7), ss. 4(3), 84(2); S.S.I. 2020/369, reg. 2, sch.
F4Words in s. 3 substituted (S.) (1.4.1997) by 1995 c. 36, s. 105(4), Sch. 4 para. 23(2)(b); S.I. 1996/3201, art. 3(7)
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