Children’s Hearings (Scotland) Act 2011
2011 asp 1
Commentary on Sections
Part 5 – Child Assessment and Child Protection Orders
Variation or termination of order by sheriff
Section 49 – Notice of application for variation or termination
51.This section identifies those individuals who must be informed where an application has been made to have a child protection order varied or terminated.
Part 6 – Investigation and Referral to Children’s Hearing
Investigation and determination by Principal Reporter
Section 71 – Case remitted under section 49 of Criminal Procedure (Scotland) Act 1995
96.This section applies when a child has pled guilty to or been convicted of an offence in the criminal court and the child is not already subject to a compulsory supervision order. In these circumstances, the grounds for referral are deemed to be established by the sheriff under section 108 of this Act, and there is no need for a Children’s Hearing to consider the grounds further.
Part 13 – Review of Compulsory Supervision Order
Requirement for review
Section 130 – Case remitted under section 49 of Criminal Procedure (Scotland) Act 1995
190.This section applies where the court has remitted a case to the Children’s Hearing under section 49 of the Criminal Procedure (Scotland) Act 1995 for disposal and the child is already subject to a compulsory supervision order. In these circumstances, the Principal Reporter must arrange for the order to be reviewed. The ground is considered as having been established as an offence ground by the sheriff under section 108 of this Act.
- Explanatory Notes Table of contents