Guide

Behaviour under the age of 12 and disclosure
Last updated: 10 December 2020

How to make an appeal

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:

  1. Contact your local sheriff court and tell the clerk you want to make a summary application.
  2. Make the application under section 20 of the Age of Criminal Responsibility (Scotland) Act 2019.
  3. Include all relevant information, such as the date the independent reviewer told you about their decision.
  4. 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 he or she 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 Police Scotland appeals the decision

Police Scotland 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.