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Children’s Hearings (Scotland) Act 2011

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This is the original version (as it was originally enacted).

103Child’s duty to attend hearing unless excused

This section has no associated Explanatory Notes

(1)This section applies where an application is made to the sheriff by virtue of section 93(2)(a) or 94(2)(a).

(2)The child to whom the application relates must attend the hearing of the application unless the child is excused from doing so under subsection (3).

(3)The sheriff may excuse the child from attending all or part of the hearing of the application where—

(a)the hearing relates to the ground mentioned in section 67(2)(b), (c), (d) or (g) and the attendance of the child at the hearing, or that part of the hearing, is not necessary for a fair hearing,

(b)the attendance of the child at the hearing, or that part of the hearing, would place the child’s physical, mental or moral welfare at risk, or

(c)taking account of the child’s age and maturity, the child would not be capable of understanding what happens at the hearing or that part of the hearing.

(4)The child may attend the hearing of the application even if the child is excused from doing so under subsection (3).

(5)If the child is not excused from attending the hearing but the child does not attend the sheriff may grant a warrant to secure attendance in relation to the child.

(6)Subsection (7) applies if—

(a)the hearing of the application is to be continued to another day, and

(b)the sheriff is satisfied that there is reason to believe that the child will not attend on that day.

(7)The sheriff may grant a warrant to secure attendance in relation to the child.

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