Part 10Proceedings before sheriff

Review of sheriff’s determination

117New section 67 ground established: sheriff to refer to children’s hearing

1

This section applies where—

a

by virtue of section 110 the sheriff is reviewing a grounds determination, and

b

the sheriff is satisfied that there is sufficient evidence to establish a section 67 ground that is not specified in the statement of grounds that gave rise to the grounds determination.

2

The sheriff must—

a

determine that the ground is established, and

b

if the person to whom the grounds determination relates is still a child, direct the Principal Reporter to arrange a children’s hearing for the purpose of considering whether a compulsory supervision order should be made 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

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.