« Previous | Contents | Next »
Listen
The Report of the Feasibility Group on Youth Crime Pilots
Annex C
MAIN CHANGES TO THE CHILDREN (SCOTLAND) ACT 1995
Section 45(8)(a) gives a relevant person the right to attend all stages of a Hearing. This need not be amended in respect of the obligation to attend, but may require some extension of the definition to cover cases where "children" over 18 appear before a Hearing. The definition of relevant person is linked to parental responsibilities for a child under Part I of the Children (Scotland) Act 1995. "Child" for this purpose is defined by section 15 of the Children (Scotland) Act 1995 as a person under the age of 18.
Section 73(3): amend to the provision that a supervision requirement "shall cease to have effect in respect of a child not later than on his attaining the age of eighteen years" to the age of 19.
Section 93(2)(b): amend to include an additional category of any other child, within a pilot area, over the age of 16 who has not yet attained the age of eighteen years who has been referred to the Principal Reporter on grounds for referral under section 52(2)(i) after attaining sixteen years of age.
Section 93(2)(ii) will also have to be amended to permit a Hearing to be convened, in a pilot area, in respect of any child who has not attained the age of nineteen, instead of eighteen.
CRIMINAL PROCEDURE (SCOTLAND) ACT 1995
Section 49(6)(c) of the Criminal Procedure (Scotland) Act 1995. Amend to raise the discretion of the court to refer a child between 16 and 18 (instead of 17 and a half as at present).
« Previous | Contents | Next »