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Children’s Hearings (Scotland) Act 2011

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This is the original version (as it was originally enacted).

163Appeals to sheriff principal and Court of Session: children’s hearings etc.

This section has no associated Explanatory Notes

(1)A person mentioned in subsection (3) may appeal by stated case to the sheriff principal or the Court of Session against—

(a)a determination by the sheriff of—

(i)an application to determine whether a section 67 ground (other than the ground mentioned in section 67(2)(j) if the case was remitted to the Principal Reporter under section 49 of the Criminal Procedure (Scotland) Act 1995) is established,

(ii)an application under section 110(2) for review of a finding that a section 67 ground is established,

(iii)an appeal against a decision of a children’s hearing,

(iv)an application under section 98 for an extension of an interim compulsory supervision order,

(v)an application under section 99 for a further extension of an interim compulsory supervision order,

(b)a decision of the sheriff under section 100 to—

(i)make an interim compulsory supervision order,

(ii)make an interim variation of a compulsory supervision order.

(2)A person mentioned in subsection (3) may, with leave of the sheriff principal, appeal by stated case to the Court of Session against the sheriff principal’s decision in an appeal under subsection (1).

(3)The persons are—

(a)the child,

(b)a relevant person in relation to the child,

(c)a safeguarder appointed in relation to the child by virtue of section 30,

(d)two or more persons mentioned in paragraphs (a) to (c) acting jointly, and

(e)the Principal Reporter.

(4)Despite subsections (1) and (2), a safeguarder may not—

(a)appeal against a determination by the sheriff of a type mentioned in subsection (1)(a)(i) or (ii), or a decision of the sheriff of a type mentioned in subsection (1)(b),

(b)appeal to the Court of Session against the sheriff principal’s decision in such an appeal.

(5)Despite subsection (1), the Principal Reporter may not appeal against a determination by the sheriff confirming a decision of a children’s hearing.

(6)Subsection (7) applies in relation to—

(a)an appeal against a determination by the sheriff of an application under section 110(2) for review of a finding that a section 67 ground is established,

(b)an appeal to the Court of Session against the sheriff principal’s decision in such an appeal.

(7)In subsection (3)(a) and (b)—

(a)the references to the child are to the person in relation to whom the section 67 ground was established (even if that person is no longer a child),

(b)the reference to a relevant person in relation to the child includes a person who was, at the time the section 67 ground was established, a relevant person in relation to the child.

(8)An appeal under this section must be made before the expiry of the period of 28 days beginning with the day on which the determination or decision appealed against was made.

(9)An appeal under this section may be made—

(a)on a point of law, or

(b)in respect of any procedural irregularity.

(10)On deciding an appeal under subsection (1), the sheriff principal or the Court of Session must remit the case to the sheriff for disposal in accordance with such directions as the court may give.

(11)A decision in an appeal under subsection (1) or (2) by the Court of Session is final.

(12)In subsection (1)(a)(ii), the reference to a determination by the sheriff of an application under section 110(2) for review of a finding that a section 67 ground is established includes a reference to a determination under section 117(2)(a) that a ground is established.

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