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10 June 2024
Age of Criminal Responsibility Scotland Bill as Passed
C HAPTER 5 G ENERAL PROVISION 59 Wellbeing of child 20 (1) This section applies where— (a) a person is— (i) exercising any function conferred by this Part, or (ii) acting in pursuance of an order made or authorisation granted under this Part, 25 (b) under or by virtue of this Part, a court is making a decision about a matter to do with a child. (2) In exercising the function, acting in pursuance of the order or authorisation or, as the case may be, making the decision, the person or court must treat the need to safeguard and promote the wellbeing of the child as a primary consideration. 30 60 Children’s legal aid for proceedings under this Part (1) The Legal Aid (Scotland) Act 1986 is amended as follows. (2) In section 28B (children’s legal aid)— (a) in subsection (2), for “subsection (3)” substitute “subsections (3) and (3A)”, (b) after subsection (3) insert— 35 “(3A) The proceedings are, where regulations under section 28LB are made, proceedings before the sheriff and appeals from the sheriff under Part 4 of the Age of Criminal Responsibility (Scotland) Act 2018.”. 46 Age of Criminal Responsibility (Scotland) Bill Part 4—Police investigatory and other powers Chapter 5—General provision (3) After section 28LA insert— “28LB Power of Scottish Ministers to provide for children’s legal aid to be available in relation to proceedings under the Age of Criminal Responsibility (Scotland) Act 2018 5 (1) The Scottish Ministers may by regulations modify this Part so as to— (a) provide for children’s legal aid to be available to a child in connection with proceedings before the sheriff and appeals from the sheriff under Part 4 of the Age of Criminal Responsibility (Scotland) Act 2018, and (b) specify the other persons (if any) to whom children’s legal aid is to be 10 available in connection with such proceedings and appeals. (2) Regulations under subsection (1) may in particular made provision about— (a) the proceedings in relation to which and the circumstances in which children’s legal aid is to be available automatically, (b) the proceedings in relation to which and the circumstances in which 15 children’s legal aid is to be available on application to the Board. (3) Where regulations under subsection (1) include provision as is mentioned in subsection (2)(b), the regulations— (a) must make provision for the conditions as to which the Board is to be satisfied before children’s legal aid is to be made available, 20 (b) may make provision for different conditions to be satisfied in relation to different persons.”. (4) In section 37 (parliamentary procedure for regulations), in subsection (2), after “28LA(1),” insert “28LB(1),”. 61 Additional powers and duties of constables 25 (1) This section applies where a constable— (a) is authorised to take a child to a place of safety and to keep the child there by virtue of section 23, (b) is authorised to carry out a search by an order under section 28, (c) is authorised to carry out an investigative interview of a child by a child interview 30 order, (d) is authorised to question a child by virtue of section 44, (e) is authorised to take relevant physical data or relevant samples from a child— (i) by an order under section 52, or (ii) by virtue of section 57. 35 (2) The authorisation mentioned in subsection (1) includes authorisation to use reasonable force. (3) Subsections (4) to (6) apply where a constable is authorised— (a) to use reasonable force under subsection (2), or Age of Criminal Responsibility (Scotland) Bill 47 Part 4—Police investigatory and other powers Chapter 5—General provision (b) to carry out a search by virtue of section 25 and the enactment under which the search may be carried out authorises the constable to use reasonable force (however expressed). (4) A constable, before deciding to use reasonable force in relation to a child under 12 years 5 of age, must take all reasonable steps to seek and obtain the cooperation of the child. (5) A constable may use reasonable force in relation to a child under 12 years of age only as a last resort. (6) Where a constable resorts to the use of reasonable force in relation to a child under 12 years of age, the constable must— 10 (a) use no more force than is absolutely necessary, and (b) in so far as is reasonably practicable, explain to the child why the constable considers force must be used. 62 Offences (1) A person commits an offence if the person, without reasonable excuse, intentionally— 15 (a) obstructs a person mentioned in subsection (2), or (b) otherwise interferes with a police investigation into an incident in relation to which a constable has reasonable grounds to suspect that a child, while under 12 years of age— (i) by behaving in a violent or dangerous way, has caused or risked causing 20 serious physical harm to another person, or (ii) by behaving in a sexually violent or sexually coercive way, has caused or risked causing harm (whether physical or not) to another person. (2) The person is a constable or other person acting in pursuance of— (a) section 23(2), 25 (b) an order under section 28, (c) a child interview order, (d) authorisation under section 44(2), (e) an order under section 52, (f) authorisation under section 57(1). 30 (3) A person who commits an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 3 on the standard scale. 63 Interpretation of Part 4 In this Part— “advice, support and assistance” has the meaning given by section 40(6), 35 “chief constable” means the chief constable of the Police Service of Scotland, “child” has the meaning given by section 31(3), “child interview order” means an order under section 34(2), 48 Age of Criminal Responsibility (Scotland) Bill Part 4A—Children’s hearings: consideration of diminished responsibility “child interview rights practitioner” has the meaning given by section 40(7), “intimate sample” has the meaning given by section 49(4), “investigative interview” has the meaning given by section 31(3), “parent” includes guardian and any person who has care of the relevant child, 5 (except where provided otherwise: see section 31A(7)), “place of safety” has the meaning given by section 23(8), “relevant physical data” has the meaning given by section 49(2), “relevant sample” has the meaning given by section 49(3), “relevant senior officer” has the meaning given by section 57(5), 10 “supporter” has the meaning given by section 39(2), “working day” means any day other than a Saturday, a Sunday or a day which, under the Banking...
Official Report
Meeting date:
12 March 2024
Meeting of the Parliament 12 March 2024
Within minutes, however, the Lady burn in Cupar burst its banks and flooded their homes with muddy, stinking water.
Official Report
Meeting date:
12 November 2025
Public Audit Committee 12 November 2025 [Draft]
The cost of delivering the system, before you even put a penny into someone’s bank account, is hundreds of millions of pounds per year.
Official Report
Meeting date:
8 May 2025
Meeting of the Parliament 08 May 2025
I have been making a point at our headteacher regional events about the way in which the delivery of education has changed in recent years—something that the member, as a former teacher, will know. For example, we now have food banks and clothing banks in our schools.
Official Report
Meeting date:
20 November 2018
Environment, Climate Change and Land Reform Committee 20 November 2018
Friends of the Earth Scotland supports a target date of 2040. We also believe that the most important target in the bill is the 2030 target.
Committee reports
Date published:
29 January 2019
Stage 1 Report on the Fuel Poverty (Target, Definition and Strategy) (Scotland) Bill - The length of the target
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Norman Kerr of Energy Action Scotland queried why the development of low-carbon heating technologies should be put forward as a reason for not bringing forward the date to 2032. He said that the 2040 date "condemns another generation to fuel poverty".
Official Report
Meeting date:
21 March 2013
Meeting of the Parliament 21 March 2013
Interruption. Order. What controls would the Bank of England—which would by then be a foreign bank—have over the policies of the Government of a separate Scotland?
Questions and Answers
Date answered:
22 January 2024
S6W-24433
An independent review of the current regulatory framework for Scottish aquaculture by Professor Griggs was published on 10 February 2022 and is available to view on the Scottish Government’s website: Aquaculture regulatory process: review - gov.scot (www.gov.scot) S6W-24433
Questions and Answers
Date answered:
28 November 2023
S6W-22983
To ask the Scottish Government what the cost is of the Highland Council's current backlog of outstanding road repairs, and what the cost was at the end of (a) 2022-23, (b) 2021-22, (c) 2020-21 and (d) 2019-20.
Questions and Answers
Date answered:
7 November 2023
S6W-22334
In the Onshore Wind Policy Statement 2022, the Scottish Government committed to assess the operation of, and if necessary update or replace the carbon calculator.
