Part 10Proceedings before sheriff

Determination of application

108Determination: 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.