Search Legislation

Children and Young People (Scotland) Act 2014

Status:

This is the original version (as it was originally enacted).

91Appeal against detention of child in secure accommodation

This section has no associated Explanatory Notes

After section 44 of the Criminal Procedure (Scotland) Act 1995 insert—

44AAppeal against detention in secure accommodation

(1)A child, or a relevant person in relation to the child, may appeal to the sheriff against a decision by a local authority to detain the child in secure accommodation in pursuance of an order made under section 44 of this Act.

(2)An appeal under subsection (1) may be made jointly by—

(a)the child and one or more relevant persons in relation to the child; or

(b)two or more relevant persons in relation to the child.

(3)An appeal must not be held in open court.

(4)The sheriff may determine an appeal by—

(a)confirming the decision to detain the child in secure accommodation; or

(b)quashing that decision and directing the local authority to move the child to be detained in residential accommodation which is not secure accommodation.

(5)The Scottish Ministers may by regulations make further provision about appeals under subsection (1).

(6)Regulations under subsection (5) may in particular—

(a)specify the period within which an appeal may be made;

(b)make provision about the hearing of evidence during an appeal;

(c)provide for appeals to the sheriff principal and Court of Session against the determination of an appeal.

(7)Regulations under subsection (5) are subject to the affirmative procedure.

(8)In this section—

  • “relevant person”, in relation to a child, means any person who is a relevant person in relation to the child for the purposes of the Children’s Hearings (Scotland) Act 2011 (including anyone deemed to be a relevant person in relation to the child by virtue of section 81(3), 160(4)(b) or 164(6) of that Act);

  • “secure accommodation” has the same meaning as in section 44 of this Act..

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources