Adult Support and Protection (Scotland) Act 2007 (asp 10)

Part 1 S Protection of adults at risk of harm

Modifications etc. (not altering text)

C1 Pt. 1 modified (31.3.2012) by The Community Care and Health (Scotland) Act 2002 (Incidental Provision) (Adult Support and Protection) Order 2012 (S.S.I. 2012/66), arts. 1(1), 2

Banning orders S

33 Information to be presented to sheriff S

Where a person is brought before the sheriff under section 32, the fiscal must present to the sheriff a petition—

(a) giving the detained person's particulars,

(b) stating the facts and circumstances which gave rise to the arrest,

(c) giving any information known to the fiscal—

(i) about the circumstances which gave rise to the banning order or temporary banning order concerned, and

(ii) which is relevant to an assessment of whether the detained person is likely to breach that order again, and

(d) requesting the sheriff to consider whether a longer period of detention is justified.

Commencement Information

I1 S. 33 in force at 29.10.2008 by S.S.I. 2008/314, art. 2