Children’s Hearings (Scotland) Act 2011

71 Case remitted under section 49 of Criminal Procedure (Scotland) Act 1995

(1) This section applies where under section 49 of the Criminal Procedure (Scotland) Act 1995 (c.46)—

(a) a court remits a case to the Principal Reporter to arrange for the disposal of the case by a children’s hearing, and

(b) a compulsory supervision order is not in force in relation to the child or person whose case is remitted.

(2) A certificate signed by the clerk of the court stating that the child or person whose case is remitted has pled guilty to, or been found guilty of, the offence to which the case relates is conclusive evidence for the purposes of the children’s hearing that the offence was committed by the child or person.

(3) This Act applies as if—

(a) the plea of guilty, or the finding of guilt, were a determination of the sheriff under section 108 that the ground in section 67(2)(j) was established in relation to the child, and

(b) the sheriff had directed the Principal Reporter under section 108(2) to arrange a children’s hearing.