Criminal Procedure (Scotland) Act 1975

173 Reference and remit of children’s cases by courts to children’s hearings.S

(1)Where a child who is not subject to a supervision requirement is charged with an offence and pleads guilty to, or is found guilty of, that offence the court—

(a)instead of making an order on that plea or finding, may remit the case to the [F1Principal Reporter] to arrange for the disposal of the case by a children’s hearing; or

(b)on that plea or finding may request the [F1Principal Reporter] to arrange a children’s hearing for the purposes of obtaining their advice as to the treatment of the child.

(2)Where a court has acted in pursuance of paragraph (b) of the foregoing subsection, the court, after consideration of the advice received from the children’s hearing may, as it thinks proper, itself dispose of the case or remit the case as aforesaid.

(3)Where a child who is subject to a supervision requirement is charged with an offence and pleads guilty to, or is found guilty of, that offence the court [F2dealing with the case if it is—

(a)the High Court, may; and

(b)the sheriff court, shall,

request] the [F1Principal Reporter] to arrange a children’s hearing for the purpose of obtaining their advice as to the treatment of the child, and on consideration of that advice may, as it thinks proper, itself dispose of the case or remit the case as aforesaid.

(4)Where a court has remitted a case to the [F3Principal Reporter] under this section, the jurisdiction of the court in respect of the child shall cease, and his case shall stand referred to a children’s hearing.

(5)Nothing in the provisions of this section shall apply to a case in respect of an offence the sentence for which is fixed by law.

Textual Amendments