If you disagree with the independent reviewer's decision, you can ask to have your application looked at again by a sheriff court. This is called an appeal.
An appeal can only be made:
- on a point of law
- within 28 days of receiving the independent reviewer's decision
- by writing a 'summary application'
To make an appeal you must follow these steps:
- Contact your local sheriff court and tell the clerk you want to make a summary application.
- Make the application under section 20 of the Age of Criminal Responsibility (Scotland) Act 2019.
- Include all relevant information, such as the date the independent reviewer told you about their decision.
- Explain why you disagree with the independent reviewer's decision.
The Scottish Courts and Tribunals Service website has more information on how to make a summary application to a sheriff court.
Once the sheriff has reviewed your case they will make a decision. This decision is final.
If your appeal is unsuccessful
If your appeal is unsuccessful and you do not want an employer to see information about your pre-12 behaviour, you can cancel your application for an enhanced disclosure or PVG scheme membership.
This would prevent the employer from seeing any information about your pre-12 behaviour. It would also prevent you from continuing with the job application.
What happens if the police appeal the decision
The police can appeal the independent reviewer's decision on a point of law only. They would have 28 days to make the appeal. In this instance, the sheriff's decision would be final.
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