[288BZA UNCRC compatibility issue in relation to decision to prosecute child: restriction on judicial remedies]
Criminal Procedure (Scotland) Act 1995 (1995 c 46) | Legislation

[288BZA  UNCRC compatibility issue in relation to decision to prosecute child: restriction on judicial remedies]

[(1)     This section applies where—

(a)     by virtue of section 7(1)(b) of the UNCRC Incorporation Act, a UNCRC compatibility issue has arisen—

(i)     in criminal proceedings brought against a person who is a child, or who was a child at the time the proceedings were brought,

(ii)     otherwise than in connection with an appeal against conviction or an appeal against both conviction and sentence,

(b)     in determining the UNCRC compatibility issue, a court finds that the prosecutor, by bringing criminal proceedings against the person, has acted in a way which is made unlawful by section 6(1) of the UNCRC Incorporation Act, and

(c)     by reason only of the finding mentioned in paragraph (b), a court is considering—

(i)     deserting the proceedings pro loco et tempore or simpliciter, or

(ii)     dismissing the indictment or (as the case may be)

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