Children’s Hearings (Scotland) Act 2011

108 Determination: ground established

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

(2) If subsection (4) applies, the sheriff must direct the Principal Reporter to arrange a children’s hearing to decide whether to make a compulsory supervision order in relation to the child.

(3) In any other case, the sheriff must—

(a) dismiss the application, and

(b) discharge the referral to the children’s hearing.

(4) This subsection applies if—

(a) the sheriff determines that one or more grounds to which the application relates are established, or

(b) one or more other grounds were accepted at the grounds hearing which directed the Principal Reporter to make the application.

(5) In subsection (4)(b), “accepted” means accepted by the child and (subject to sections 74 and 75) each relevant person in relation to the child.