Disclosure of information about relevant behaviour 4B Disclosure of information about convictions etc. relating to time when person under 12 (1) Sections 4C to 4E apply to behaviour (“relevant behaviour”) of a person which occurred 35 when the person was under 12 years of age and— (a) which resulted in the person being— (i) convicted of an offence, or (ii) given an alternative to prosecution (within the meaning of section 8B(1) of the 1974 Act), or Age of Criminal Responsibility (Scotland) Bill 3 Part 2—Disclosure of convictions and other information relating to time when person under 12 Chapter 1A—Disclosure of convictions (b) in relation to which— (i) the person was taken to a place of safety by virtue of section 23, (ii) an order under section 28 authorising a search in relation to the person was applied for, 5 (iia) the person was interviewed by virtue of section 31A(2), (iii) a child interview order was applied for in respect of the person, (iv) the person was questioned by virtue of section 44, (v) an order under section 52 authorising the taking of relevant physical data or a relevant sample from the person was applied for, 10 (vi) relevant physical data or a relevant sample was taken from the person by virtue of section 48(1)(b) or 57. (2) For the purposes of sections 4C to 4E, circumstances ancillary to relevant behaviour includes— (a) where the behaviour resulted in the person being convicted of an offence, any 15 circumstances of— (i) the offence which was the subject of the conviction, (ii) the conduct constituting the offence, (iii) any process or proceedings preliminary to the conviction, (iv) any sentence imposed in respect of the conviction, 20 (v) any proceedings (whether by way of appeal or otherwise) for reviewing the conviction or sentence, (vi) anything done in pursuance of, or undergone in compliance with, any such sentence, (b) where the behaviour resulted in the person being given an alternative to 25 prosecution, any circumstances of— (i) the offence in respect of which the alternative to prosecution is given or the conduct constituting the offence, (ii) any process preliminary to the alternative to prosecution being given (including consideration by any person of how to deal with the offence and 30 the procedure for giving the alternative to prosecution), (iii) any proceedings for the offence which took place before the alternative to prosecution was given (including anything that happened after that time for the purpose of bringing the proceedings to an end), (iv) any judicial review proceedings relating to the alternative to prosecution, 35 (v) anything done or undergone in pursuance of the terms of the alternative to prosecution. (3) For the purposes of subsections (1)(a)(i) and (2)(a)— (a) the acceptance or establishment (or deemed establishment), in relation to the person, of the ground of referral to the children’s hearing referred to in section 40 3(1) of the 1974 Act is to be treated as a conviction, and 4 Age of Criminal Responsibility (Scotland) Bill Part 2—Disclosure of convictions and other information relating to time when person under 12 Chapter 1A—Disclosure of convictions (b) any disposal of the case by the children’s hearing is to be treated as a sentence. (4) The Scottish Ministers may, by regulations, modify the meanings in subsections (1) and (2) of relevant behaviour and circumstances ancillary to such behaviour. (5) Regulations under subsection (4) may modify any enactment (including this Act). 5 4C Disclosure of information about relevant behaviour: judicial proceedings (1) No evidence is admissible in any proceedings before a judicial authority exercising its jurisdiction or functions in Scotland (“judicial proceedings”) to prove relevant behaviour of the person, or circumstances ancillary to such behaviour. (2) The person is not, in any such proceedings, to be asked (and, if asked, is not to be 10 required to answer) any question relating to the person’s past which cannot be answered without acknowledging or referring to relevant behaviour of the person or circumstances ancillary to such behaviour. (3) In this section and sections 4D and 4F, “judicial proceedings” includes, in addition to any court proceedings, proceedings before any tribunal, body or person having power by 15 virtue of any enactment, rule of law, arbitration agreement, rules, custom or practice— (a) to determine any question affecting the rights, privileges, obligations or liabilities of any person, or (b) to receive evidence affecting the determination of any such question. 4D Disclosure of information about relevant behaviour: non-judicial proceedings 20 (1) Where a question is put to a person, other than in judicial proceedings, seeking information with respect to relevant behaviour of the person or of any other person— (a) the question is to be treated as not relating to that behaviour or to any circumstances ancillary to it (and the answer to the question may be framed accordingly), and 25 (b) the person questioned is not to be subjected to any liability or otherwise prejudiced in law by reason of any failure to acknowledge or disclose that behaviour or, as the case may be, any circumstances ancillary to it in answering the question. (2) Any obligation imposed on any person by any enactment or rule of law, or by the 30 provisions of any agreement or arrangement, to disclose any matters to any other person is not to extend to requiring the disclosure of relevant behaviour or any circumstances ancillary to it. (3) Relevant behaviour or any circumstances ancillary to it, or any failure to disclose relevant behaviour or any such circumstances, is not to be a proper ground for 35 dismissing or excluding a person from any office, profession, occupation or employment, or for prejudicing the person in any way in any occupation or employment.