Children’s Hearings (Scotland) Act 2011

119 Children’s hearing following deferral or proceedings under Part 10

(1) This section applies where a children’s hearing is arranged by the Principal Reporter by virtue of section 91(2), 107(3), 108, 115(2) or 117(2)(b) or subsection (2).

(2) If the children’s hearing considers that it is appropriate to do so, the children’s hearing may defer making a decision on whether to make a compulsory supervision order until a subsequent children’s hearing.

(3) If the children’s hearing does not exercise the power conferred by subsection (2) the children’s hearing must—

(a) if satisfied that it is necessary to do so for the protection, guidance, treatment or control of the child, make a compulsory supervision order, or

(b) if not so satisfied, discharge the referral.

(4) Subsection (5) applies where—

(a) the child is excused by virtue of section 73(3) or 79(3)(a) or rules under section 177, or

(b) a relevant person in relation to the child is excused by virtue of section 74(3) or 79(3)(b) or rules under section 177.

(5) The children’s hearing may, despite the excusal, defer its decision to a subsequent children’s hearing under this section without further excusing the person.