119Children's hearing following deferral or proceedings under Part 10S
(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.
[F1(3A)In deciding whether to exercise the power conferred by subsection (2), the children's hearing must consider whether to require the Principal Reporter to obtain any report, from any person, which the children's hearing considers relevant to any matter to be determined by the subsequent children's hearing.]
(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.
Textual Amendments
F1S. 119(3A) inserted (17.12.2021) by Age of Criminal Responsibility (Scotland) Act 2019 (asp 7), ss. 77(3), 84(2); S.S.I. 2021/449, reg. 2
Commencement Information
I1S. 119 in force at 24.6.2013 by S.S.I. 2013/195, arts. 2, 3