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Children’s Hearings (Scotland) Act 2011

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This is the original version (as it was originally enacted).

56Constable’s power to remove child to place of safety

This section has no associated Explanatory Notes

(1)A constable may remove a child to a place of safety and keep the child there if—

(a)the constable is satisfied—

(i)of the matters mentioned in section 39(2)(a), and

(ii)that the removal of the child is necessary to protect the child from the harm mentioned there or from further harm, and

(b)it is not practicable in the circumstances for an application for a child protection order to be made to or considered by the sheriff.

(2)As soon as practicable after a constable removes a child under this section, the constable must inform the Principal Reporter.

(3)The child may not be kept in a place of safety under this section for a period of more than 24 hours.

(4)The child may not be kept in a place of safety under this section if—

(a)a child protection order is in force in respect of the child, or

(b)an application has been made to the sheriff for a child protection order or to a justice of the peace for an order under section 55 on the basis of the facts before the constable and that application has been refused.

(5)The Principal Reporter may, by giving notice to the constable, require the constable to release the child if—

(a)the Principal Reporter is satisfied that the conditions for placing the child in a place of safety under this section are no longer satisfied, or

(b)the Principal Reporter is satisfied that it is no longer in the best interests of the child to be kept in a place of safety.

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