Explanatory Notes

Children’s Hearings (Scotland) Act 2011

2011 asp 1

6 January 2011

Commentary on Sections

Part 6 – Investigation and Referral to Children’s Hearing

 Investigation and determination by Principal Reporter

Section 70 – Requirement under Antisocial Behaviour etc. (Scotland) Act 2004

95.This section provides that where the sheriff refers a case to the Principal Reporter under section 12(1A) of the Antisocial Behaviour etc. (Scotland) Act 2004, the ground(s) are to be treated as having been established by the sheriff under section 108 of this Act. The hearing will take place as if the sheriff has then directed the reporter under section 108(2) to arrange a hearing. The sheriff is required to give the reporter a statement specifying the ground which has been determined by the sheriff in the antisocial behaviour proceedings. There is no need for a ground(s) hearing.