PART 3CRIMINAL PROCEDURE

Children

52Prosecution of children

1

The 1995 Act is amended as follows.

2

After section 41 insert—

41AProsecution of children under 12

1

A child under the age of 12 years may not be prosecuted for an offence.

2

A person aged 12 years or more may not be prosecuted for an offence which was committed at a time when the person was under the age of 12 years.

3

In section 42 (prosecution of children), in subsection (1)—

a

for “No child under the age of 16 years shall” substitute “A child aged 12 years or more but under 16 years may not”,

b

for “his instance” substitute “the instance of the Lord Advocate”, and

c

for “a child under the age of 16 years” substitute “such a child”.

4

In section 234AA (antisocial behaviour order), in subsection (2), paragraph (b) is repealed.