The Retention of Samples etc. (Children’s Hearings) (Scotland) Order 2011
Scottish Statutory Instrument 2011 No. 197 — creates 2 criminal offences.
- Made
- 8 March 2011
- In force from
- 15 April 2011
- Extent
- Not stated
- Subject
- Courts, police, prisons and the administration of justice
- Made under
- Criminal Procedure (Scotland) Act 1995
Explanatory note
(This note is not part of the Order) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.
Section 18E of the Criminal Procedure (Scotland) Act 1995 (“the 1995 Act”) provides that any relevant physical data and samples which are taken from a child under section 18(2), (6) or (6A) of the 1995 Act do not have to be destroyed for at least 3 years if that child has been referred to a children’s hearing on grounds of having committed a relevant offence and the child (and relevant adult) accept that ground of referral or the matter is referred to a sheriff who deems or finds that the ground of referral has been established. This Order prescribes the list of relevant sexual offences and relevant violent offences that are relevant offences for the purpose of section 18E of the 1995 Act. Article 2 prescribes the list of relevant sexual offences that are relevant offences. Article 3 prescribes the list of relevant violent offences that are relevant offences. In relation to the offence of assault, paragraph (1)(e) provides that it is only a serious assault that will be a relevant offence. A serious assault is defined in paragraph (2) by reference to the severity of the injury that will be recorded on the ground of referral made to the children’s hearing which is either accepted by the child (and relevant adult) or deemed or found to be established by a sheriff.
Offences created by this instrument
- For the purposes of section 18E of the 1995 Act, the following relevant sexual offences are relevant offences:— a rape… article 2 · Status not determined · Requires proof of a state of mind
- j any attempt, conspiracy or incitement to commit an offence listed in sub-paragraphs (a) to (i) article 2(j) · Status not determined · Strict liability
What Parliament said about it
Hansard was searched for this instrument by name and returned nothing. That is the ordinary outcome: an instrument laid under the negative procedure is usually never debated, and becomes law without a word said about it in either House.
How Parliament handled it
Parliament's Statutory Instruments service records procedure from May 2017 onwards, and this instrument predates it. That is a limit of the source, not a statement that nothing happened.
Check the source
- This instrument on legislation.gov.uk The authoritative text, including amendments made since
- Other instruments from 2011