Children’s Hearings (Scotland) Act 2011

109 Determination: power to make interim compulsory supervision order etc.

(1) This section applies where the sheriff directs the Principal Reporter to arrange a children’s hearing to decide whether to make a compulsory supervision order in relation to the child.

(2) Subsection (3) applies if immediately before the hearing at which the sheriff determined the application made by virtue of section 93(2)(a) or 94(2)(a) an interim compulsory supervision order was not in force in relation to the child.

(3) If the sheriff is satisfied that the nature of the child’s circumstances is such that for the protection, guidance, treatment or control of the child it is necessary as a matter of urgency that an interim compulsory supervision order be made, the sheriff may make an interim compulsory supervision order in relation to the child.

(4) Subsection (5) applies if immediately before the hearing at which the sheriff determined the application made by virtue of section 93(2)(a) or 94(2)(a) an interim compulsory supervision order was in force in relation to the child.

(5) If the sheriff is satisfied that the nature of the child’s circumstances is such that for the protection, guidance, treatment or control of the child it is necessary that a further interim compulsory supervision order be made, the sheriff may make a further interim compulsory supervision order in relation to the child.

(6) If the sheriff is satisfied that there is reason to believe that the child would not otherwise attend the children’s hearing, the sheriff may grant a warrant to secure attendance.

(7) If the sheriff makes an interim compulsory supervision order under subsection (3) or (5) specifying that the child is to reside at a place of safety, the children’s hearing must be arranged to take place no later than the third day after the day on which the child begins to reside at the place of safety.